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WILSON'S 

MINING LAWS 

'4 S' 

United States, Arizona, California,' 

r 

Oregon, Nevada and Utah u 

INCLUDING LAWS TO LOCATE OIL LANDS 


ANNOTATED, WITH FORMS AND 

CORPORATION LAWS OF ARIZONA 


FIFTH EDITION 
REVISED TO MAY, 19 


COMPILED BY 

CALVERT WILSON ^ 

ATTORNEY AT LAW 
350 Wilcox Building, Los Angeles, Cal. 


COPYRIGHT 1911, BY CALVERT WILSON 

BAUMGARDT PUBLISHING CO. 

Los Angeles, Cal. 

1911 


ci<5 


?/ 







TO ATTORNEYS 


I would advise you that I have in my office a complete set of 
Arizona Statutes, decisions and forms which you are welcome 
to use at any time. 

I have associates, mostly attorneys, who can act as agents for 
corporations, in all the principal towns of Arizona, and I can 
thus quickly and carefully assist you to incorporate. Corres¬ 
pondence with attorneys on Arizona practice will be cheerfully 
answered to assist them in their business. I was for many 
years District Attorney in Arizona and have been in this line 
of business for 20 years. You can save yourself a great deal of 
trouble and possible error by handing or sending your original 
articles (and two copies) to me, and my associate in Arizona 
will attend to filing and publishing and return ffil papers to you 
promptly. 

We are also prepared to hold stockholders’ meetings any¬ 
where in Arizona by proxy when desired. 

If you have occasion to associate counsel with you in any 
mining litigation in Arizona, I would have you know that either 
my father, Gen. Thos. F. Wilson, or myself attend all terms of 
Court in Phoenix (Maricopa County), Yuma (Yuma County), 
Nogales (Santa Cruz County), Florence (Pinal County), Tomb¬ 
stone (Cochise County), and Tucson (Pima County). We have 
had from fifteen to twenty years’ experience in mining litiga¬ 
tion in Arizona. 

We can also assist you to obtain patents to mining claims or 
agricultural entries either through the local U. S. Land Offices 
at Phoenix, Arizona, or Los Angeles, California, or the Depart¬ 
ments in Washington. 

Gen. Thos. F. Wilson resides at Tucson, Arizona, where he 
was United States Attorney. We will be glad to be associated 
in any class of general law business you may have in Arizona. 

I refer by permission to Hon. W. J. Hunsaker, Hon. E. W. 
Camp, and Messrs. Works, Lee & Works, Attorneys, Los An¬ 
geles, California. 

CALVERT WILSON, 
Attorney at Law, 

Los Angeles, California. 

350 Wilcox Building. Home Phone A1851. 



<gCLA289677 



SUMMARYJOF 

UNITED STATES LAWS 


All mineral lands are open to occupation and purchase by 
any citizen, or he who has declared his intention to become a 
citizen of the United States. 

A mining claim located since May 10, 1872, shall not exceed 
fifteen hundred feet in length along the vein or lode and three 
hundred feet on each side of the middle of the vein at the sur¬ 
face. 

The locator of a mining claim has the exclusive right of pos¬ 
session and enjoyment of all of the surface of his claim and of 
all veins, lodes or ledges throughout their entire depth, the top 
or apex of which lies inside his surface lines extended vertically 
downwards. The owner of a mining claim may follow his ledge 
should its dip carry him beyond his side lines extended ver¬ 
tically down, so long as he does not trespass on the surface of 
another claim; but in no case can he go beyond his end lines, 
which must in all cases be parallel. 

No lode claim can be recorded until a vein or lode has been 
discovered thereon. 

Where two claims cross each other the prior location is en¬ 
titled to all the ore or mineral within the space of intersection, 
but the subsequent location has a right of way through the 
space of intersection for the working of the mine, and where 
two or more veins unite the oldest location takes the vein below 
the point of union, including all the space of intersection. 

A PATENT can be obtained on a mining claim after $500 
has been expended thereon for development or improvement, 
upon its being surveyed by a United States mineral surveyor, 
and by the payment of $5 per acre for the land to the United 
States Government. 

TO HOLD AN UNPATENTED MINING CLAIM, not less 
than $100 worth of labor shall be performed or improvements 
made thereon each year, subject to the local laws of the State 
or rules of the mining district. Where several claims are held 
in common and are contiguous, the whole expenditure may be 
made on any one claim. The period within which this work is 
required to be done begins on the first day of January of the 
year succeeding the year of location. 



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Mining Laws of the United States 


Title XXXII, Chapter 6, Revised Statutes. 

Sec. 2318. In all cases lands valuable for minerals shall be 
reserved from sale, except as otherwise expressly directed by 
law. 132 Cal. 115. 

Sec. 2319. All valuable mineral deposits in lands belonging 
to the United States, both surveyed and unsurveyed, are hereby 
declared to be free and open to exploration and purchase, and 
the lands in which they are found to occupation and purchase, 
by citizens of the United States and those who have declared 
their intention to become such, under regulations prescribed by 
law, and according to the local customs or rules of miners in 
the several mining districts, so far as the same are applicable 
and not inconsistent with the laws of the United States. 

As to Aliens—152 U. S. 505. As to Location by Agent— 
109 Cal. 122. As to Locations on Townsite—115 U. S. 
406. Private Corp. can Locate—137 U. S. 168. A Minor 
can Locate, 72 Cal. 531. Also see 171 U. S. 55; 173 U. 
S. 439; 175 U. S. 571; 133 Cal. 634; 181 U. S. 519; 183 
U. S. 563. 

Sec. 2320. Mining claims upon veins or lodes of quartz or 
other rock in place bearing gold, silver, cinnabar, lead, tin, cop¬ 
per, or other valuable deposits, heretofore located, shall be 
governed as to length along the vein or lode by the customs, 
regulations, and laws in force at the date of their location. A 
mining claim located after the tenth day of May, eighteen hun¬ 
dred and seventy-two, whether located by one or more persons, 
may equal, but shall not exceed, one thousand five hundred 
feet in length along the vein or lode; but no location of a 
mining claim shall be made until the discovery of the vein or 
lode within the limits of the claim located. No claim shall ex¬ 
tend more than three hundred feet on each side of the middle 
of the vein at the surface, nor shall any claim be limited by 
any mining regulation to less than twenty-five feet on each 
side of the middle of the vein at the surface, except where ad¬ 
verse rights existing on the tenth day of May, eighteen hun¬ 
dred and seventy-two, render such limitation necessary. The 
end lines of each claim shall be parallel to each other. 

Meaning of Vein, Lode and Ledge—17 Utah 185; 73 Cal. 
114; 116 U. S. 529; 167 U. S. 115; 122 U. S. 484. 


6 


MINING LAWS OF THE UNITED STATES 


Discovery—152 U. S. 227; 134 Cal. 585; 94 F. E. 600; 177 
U. S. 505; 93 F. E. 612; 167 U. S. 115; 5 F. E. 172; 17 
Utah 185. 

Willing to Develop—82 Fed.; 37 Oregon 185. 

Length and Width of Location—18 Col. 524; 5 F. E. 172. 

What is Mining Claim—104 U. S. 284. 

Surface Lines—171 U. S. 75; 122 U. S. 484; 104 F. E. 664; 
118 U. S. 196; 171 U. S. 293. 

Overlapping Claims—171 U. S. 75; 171 U. S. 83. Gen. 115 
U. S. 45; 104 U. S. 279; 94 U. S. 762. 

Sec. 2321. Proof of citizenship, under this chapter, may 
consist, in the case of an individual, of his own affidavit there¬ 
of; in the case of an association of persons unincorporated, of 
the affidavit of their authorized agent, made on his own knowl¬ 
edge, or upon information and belief; and in the case of a cor¬ 
poration organized under the laws of the United States, or of 
any state or territory thereof, by the filing of a certified copy 
of their charter or certificate of incorporation. 11 F. E. 125; 
130 U. S. 299; 72 Cal. 531. 

Supplemented by an act of April 26th, 1882, which provides 
as follows: 

“That applicants for mineral patents, if residing beyond the 
limits of the district wherein the claim is situated, may make 
any oath or affidavit required for proof of citizenship before 
the clerk of any court of record, or before any notary public of 
any state or territory.” 22 Stats, at Large, p. 49, chap. 106. 

Sec. 2322. The locators of all mining locations heretofore 
made or which shall hereafter be made, on any mineral vein, 
lode, or ledge, situated on the public domain, their heirs and 
assigns, where no adverse claims exist on the tenth day of 
May, eighteen hundred and seventy-two, so long as they com¬ 
ply with the laws of the United States, and with State, Terri¬ 
torial and local regulations not in conflict with the laws of the 
United States governing their possessory title, shall have the 
exclusive right of possession and enjoyment of all the surface 
included within the lines of their locations, and of all veins, 
lodes and ledges throughout their entire depth, the top or apex 
of which lies inside of such surface lines extended downward 
vertically, although such veins, lodes, or ledges may so far de¬ 
part from a perpendicular in their course downward as to ex¬ 
tend outside the vertical side lines of such surface locations. 
But their right of possession to such outside parts of such veins 
or ledges shall be confined to such portions thereof as lie be¬ 
tween vertical planes drawn downward as above described 
through the end lines of their locations, so continued in their 


MINING LAWS OF THE UNITED STATES 


7 


own direction that such planes will intersect such exterior 
parts of such veins or ledges. And nothing in this section 
shall authorize the locator or possessor of a vein, or lode which 
extends in its downward course beyond the vertical lines of his 
claim, to enter upon the surface of a claim owned or possessed 
by another. 

11 Pac. 77; 11 Pac. 515; 98 U. S. 463; 118 U. S. 196; 116 
U. S. 529; 116 U. S. 418; 98 U. S. 453; 29 F. R. 347; 3 
Utah 159; 128 U. S. 680; 122 U. S. 478; 114 U. S. 576; 29 
F. R. 814; 16 F. R. 348; 171 U. S. 55; 171 U. S. 293; 113 
F. R. 900. Right of Possession—104 U. S. 284; 152 U. 
S. 229. 

Sec. 2323. Where a tunnel is run for the development of a 
vein or lode, or for the discovery of mines, the owners of such 
tunnel shall have the right of possession of all veins or lodes 
within three thousand feet from the face of such tunnel on the 
line thereof, not previously known to exist, discovered in such 
tunnel, to the same extent as if discovered from the surface and 
locations on the line of such tunnel of veins or lodes not ap¬ 
pearing on the surface, made by other parties after the com¬ 
mencement of the tunnel, and while the same is being prose¬ 
cuted with reasonable diligence, shall be invalid, but failure to 
prosecute the work on the tunnel for six months shall be con¬ 
sidered as an abandonment of the right to all undiscovered 
veins on the line of such tunnel. 

4 Cal. 507; 127 U. S. 481; 182 U. S. 500; 167 U. S. 116; 143 
U. S. 405. 

Sec. 2324. The miners of each mining district may make 
regulations not in conflict with the laws of the United States, 
or with the laws of the State or Territory in which the district 
is situated, governing the location, manner of recording, 
amount of work necessary to hold possession of a mining claim, 
subject to the following requirements: The location must be 
distinctly marked on the ground so that its boundaries can be 
readily traced. All records of mining claims hereafter made 
shall contain the name or names of the locators, the date of the 
location, and such a description of the claim or claims located 
by reference to some natural object or permanent monument as 
will identify the claim. On each claim located after the tenth 
day of May, eighteen hundred and seventy-two, and until a 
patent has been issued therefor, not less than one hundred dol¬ 
lars’ worth of labor shall be performed or improvements made 
during each year. 

On all claims located prior to the tenth day of May, eighteen 
hundred and seventy-two, ten dollars’ worth of labor shall be 
performed or improvements made by the tenth day of June, 
eighteen hundred and seventy-four, and each year thereafter, 


8 


MINING LAWS OF THE UNITED STATES 


for each one hundred feet in length along the vein, until a 
patent has been issued therefor; but where such'claims are 
held in common, such expenditure may be made upon any one 
claim; and upon a failure to comply with these conditions, the 
claim or mine upon which such failure occurred shall be open 
to relocation in the same manner as if no location of the same 
had ever been made, provided that the original locators, their 
heirs, assigns, or legal representatives, have not resumed work 
upon the claim after failure and before such location. 

Upon the failure of any one of several co-owners to con¬ 
tribute his proportion of the expenditures required hereby, the 
co-owners who have performed the labor or made the improve¬ 
ments may, at the expiration of the year, give such delinquent 
co-owner personal notice in writing or notice by publication in 
the newspaper published nearest the claim, for at least once a 
week for ninety days, and if at the expiration of ninety days 
after such notice in writing or by publication such delinquent 
should fail or refuse to contribute his proportion of the expendi¬ 
ture required by this section, his interest in the claim shall be¬ 
come the property of his co-owners who have made the required 
expenditures. 

Tunnel Amendment, February 11, 1875. 

Be it enacted by the senate and house of representatives of 
the United States of America in congress assembled, that sec¬ 
tion two thousand, three hundred and twenty-four of the Re¬ 
vised Statutes be, and the same is hereby, amended so that 
where a person or company has or may run a tunnel for the 
purpose of developing a lode or lodes, owned by said person 
or company, the money so expended in said tunnel shall be 
taken and considered as expended on said lode or lodes, wheth¬ 
er located prior to or since the passage of said act; and such 
person or company shall not be required to perform work on 
the surface of said lode or lodes in order to hold the same as 
required by said act. (18 Stats, at Large, page 315, chap. 41.) 

Amendment of January 22, 1880. 

“Provided, That the period within which the work required 
to be done annually on all unpatented mineral claims shall com¬ 
mence on the first day of January succeeding the date of loca¬ 
tion of such claim, and this section shall apply to all claims lo¬ 
cated since the tenth day of May, Anno Domini eighteen hun¬ 
dred and seventy-two.” (21 Stats, at Large, page 61, chap. 9.) 

Marking Location—53 Cal. 149; 59 Cal. 614; 119 Fed. 55; 
152 U. S. 227; 116 U. S. 418; 113 Cal. 550; 158 U. S. 441; 
130 U. S. 291. 

Time to Mark Boundaries—93 Fed. 611; 115 F. R. 531; 
129 Cal. 483; 137 Cal. 211. 

Permanent Monument—158 U. S. 441; 137 Cal. 212; 130 
U. S. 291; 67 Pac. 955; 129 Cal. 436. 


MINING LAWS OF THE UNITED STATES 


9 


Notice of Location—129 Cal. 350; 123 F. R. 209; 160 U. S. 

318; 25 F. R, 596; 113 U. S. 534; 111 U. S. 356; 183 U S. 

563; 134 F. R. 610. 

One Hundred Dollars Labor—125 F. R. 147; 97 F. R. 386; 

27 Cal. 501; 127 F. R. 611; 132 Cal. 56; 111 U. S. 353. 

On one for more—109 U. S. 440; 114 Cal. 100; 30 Cal. 

431; 104 U. S. 636; 145 U. S. 428; 11 F. R. 677; 24 Mont. 

243; 11 Utah 328; 75 Pac. 919; 133 Cal. 510; 130 U. S. 

292; 65 Cal. 555. 

Forfeiture to Co-owner—194 U. S. 248; 150 U. S. 585; 17 

Colo. 243. 

Recording Notice—129 Cal. 361; 144 U. S. 658; 117 U. S. 

401; 16 Utah 103; 99 U. S. 261; 29 F. R„ 814. 

Relocation—65 Cal. 605; 171 U. S. 77; 129 Cal. 350; 58 

F. R, 295; 24 Utah 73; 104 U. S. 279; 82 F. R. 554; 

65 Cal. 555; 181 U. S. 269; 18 Utah 183; 75 Cal. 284; 

134 F. R. 610. 

Generally—60 Cal. 631; 175 U. S. 571; 17 Cal. 107. 

Sec. 2325. (Patents for Mineral Lands, how obtained). A 
patent for any land claimed and located for valuable deposits 
may be obtained in the following manner: Any person, asso¬ 
ciation, or corporation authorized to locate a claim under this 
chapter, having claimed and located a piece of land for such 
purposes, who has, or have complied with the terms of this 
chapter, may file in the proper land office an application for a 
patent, under oath, showing such compliance, together with a 
plat and field notes of the claim or claims in common, made 
by or under the direction of the United States surveyor-general, 
showing accurately the boundaries of the claim or claims, which 
shall be distinctly marked by monuments on the ground, and 
shall post a copy of such plat, together with a notice of such 
application for a patent, in a conspicuous place on the land em¬ 
braced in such plat previous to the filing of the application for 
a patent, and shall file an affidavit of at least two persons that 
such notice has been duly posted, and shall file a copy of the 
notice in such land office, and shall thereupon be entitled to a 
patent for the land, in the manner following: The register of 
the land office, upon the filing of such application, plat, field- 
notes, notices and affidavits, shall publish a notice that such ap¬ 
plication has been made, for the period of sixty days, in a 
newspaper to be by him designated as published nearest to such 
claim; and he shall also post such notice in his office for the 
same period. The claimant at the time of filing this applica¬ 
tion, or at any time thereafter within the sixty days of 
publication, shall file with the register a certificate of the Unit¬ 
ed States surveyor-general that five hundred dollars’ worth of 
labor has been expended or improvements made upon the claim 
by himself or grantors; that the plat is correct, with such 


10 


MINING LAWS OF THE UNITED STATES 


further description by such reference to natural objects or per¬ 
manent monuments as shall identify the claim, and furnish an 
accurate description, to be incorporated in the patent. At the 
expiration of the sixty days of publication the claimant shall 
file his affidavit, showing that the plat and notice have been 
posted in a conspicuous place on the claim during such period 
of publication. If no adverse claim shall have been filed with 
the register and the receiver of the proper land office at the 
expiration of the sixty days of publication, it shall be assumed 
that the applicant is entitled to a patent; upon the payment to 
the proper officer of five dollars per acre, and that no adverse 
claim exists; and thereafter no objection from third parties to 
the issuance of a patent shall be heard, except it be shown that 
the applicant has failed to comply with the terms of this chap¬ 
ter. Provided, That where the claimant for a patent is not a 
resident of or within the land district wherein the vein, lode, 
ledge or deposit sought to be patented is located, the applica¬ 
tion for patent and the affidavits required to be made in this 
section by the claimant for such patent may be made by his, 
her, or its authorized agent, where said agent is conversant 
with the facts sought to be established by said affidavit. And, 
Provided, That this section shall apply to all applications now 
pending for patents to mineral lands. (R. S.) 

24 Nev. 273; 74 Pac. 518; 135 U. S. 298; 33 F. R. 562; 150 
U. S. 587; 85 F. R. 485; 21 F. R. 695; 194 U. S. 233; 82 
F. R. 697; 119 U. S. 167; 167 U. S. 115. 

Fraud—128 U. S. 676. 

Generally on this Section—171 U. S. 56; 177 U. S. 505; 188 
U. S. 184. 

Sec. 910. No possessory action between persons in any 
court of the United States for the recovery of any mining title 
or for damages to any such title shall be affected by the fact 
that the paramount title to the land in which such mines lie is 
in the United States; but each case shall be adjudged by the 
law of possession. 

104 U. S. 283; 85 F. R. 486; 122 F. R. 784; 92 F. R. 230; 
53 F. R. 321; 117 Cal. 489; 24 Or. 265. 

Sec. 2326. (Adverse claim, proceedings on.) Where an ad¬ 
verse claim is filed during the period of publication, it shall be 
upon oath of the person or persons making the same, and shall 
show the nature, boundaries, and extent of such adverse claim, 
and all proceedings, except the publication of notice and mak¬ 
ing and filing of the affidavit thereof, shall be stayed until the 
controversy shall have been settled or decided by a court of 
competent jurisdiction, or the adverse claim waived. It shall 
be the duty of the adverse claimant, within thirty days after 
filing his claim, to commence proceedings in a court of compe¬ 
tent jurisdiction, to determine the question of the right of 


MINING LAWS OF THE UNITED STATES 


11 


possession, and prosecute the same with reasonable diligence 
to final judgment; and a failure so to do shall be a waiver of 
his adverse claim. After such judgment shall have been ren¬ 
dered, the party entitled to the possession of the claim, or any 
portion thereof, may, without giving further notice, file a cer¬ 
tified copy of the judgment-roll with the register of the land 
office, together with the certificate of the surveyor-general that 
the requisite amount of labor has been expended or improve¬ 
ments made thereon, and the description required in other 
cases, and shall pay to the receiver five dollars per acre for his 
claim, together with the proper fees, whereupon the whole pro¬ 
ceedings and the judgment-roll shall be certified by the register 
to the commissioner of the general land office, and a patent 
shall issue thereon for the claim, or such portion thereof as the 
applicant shall appear, from the decision of the court, to rightly 
possess. If it appears from the decision of the court that sev¬ 
eral parties are entitled to separate and different portions of 
the claim, each party may pay for his portion of the claim, 
with the proper fees, and file the certificate and description by 
the surveyor-general, whereupon the register shall certify the 
proceedings and judgment-roll to the commissioner of the 
general land office, as in the preceding case, and patents shall 
issue to the several parties according to their respective rights. 
Nothing herein contained shall be construed to prevent the 
alienation of the title conveyed by a patent for a mining-claim 
to any person whatever. (R. S.) 

180 U. S. 534; 177 U. S. 534; 175 U. S. 579; 177 U. S. 513; 

157 U. S. 694; 114 Cal. 100; 114 U. S. 585; 119 U. S. 485; 

163 U. S. 165; 123 F. R. 936; 67 Pac. 724; 95 F. R, 213; 

83 Cal. 300; 129 Cal. 480; 119 U. S. 485; 109 U. S. 440; 
107 U. S. 401; 57 Pac. 641; 111 U. S. 350. 

(Act of March 3, 1881, ch. 140, 21 Stat. L. 505.) 

(Findings by Jury—Costs.) That, if in any action brought 
pursuant to section twenty-three hundred and twenty-six of 
the Revised Statutes, title to the ground in controversy shall 
not be established by either party, the jury shall so find, and 
judgment shall be entered according to the verdict. In such 
case costs shall not be allowed to either party, and the claim¬ 
ant shall not proceed in the land-office or be entitled to a pat¬ 
ent for the ground in controversy until he shall have perfected 
his title. 

(Act of April 26, 1882, ch. 106, 22 Stat. L. 49.) 

Sec. 1. (Oath of Claimant, Before Whom Made.) That 
the adverse claim required by section twenty-three hundred 
and twenty-six of the Revised Statutes may be verified by the 
oath of any duly-authorized agent or attorney-in-fact of the 
adverse claimant cognizant of the facts stated; and the ad¬ 
verse claimant, if residing or at the time being beyond the lim- 


12 


MINING LAWS OF THE UNITED STATES 


its of the district, wherein the claim is situated, may make 
oath to the adverse claim before the clerk of any court of 
record of the United States or of the state or territory where 
the adverse claimant may then be, or before any notary pub¬ 
lic of such state or territory. 

Sec. 2. That applicants for mineral patents, if residing 
beyond the limits of the district wherein the claim is situated, 
may make any oath or affidavit required for proof of citizen¬ 
ship before the clerk of any court of record, or before any 
notary public of any State or Territory. 

Sec. 2327. The description of vein or lode claims, upon sur¬ 
veyed lands, shall designate the location of the claim with ref¬ 
erence to the lines of the public surveys, but need not conform 
therewith; but where patents have been or shall be issued for 
claims upon unsurveyed lands, the surveyors-general, in ex¬ 
tending the public survey, shall adjust the same to the bound¬ 
aries of said patented claims so as in no case to interfere with 
or change the true location of such claims as they are officially 
established upon the ground. Where patents have issued for 
mineral lands, those lands only shall be segregated and shall 
be deemed to be patented which are bounded by the lines 
actually marked, defined, and established upon the ground 
by the monuments of the official survey upon which the patent 
grant is based, and surveyors-general in executing subsequent 
patent surveys, whether upon surveyed or unsurveyed lands, 
shall be governed accordingly. The said monuments shall at 
all times constitute the highest authority as to what land is 
patented, and in case of any conflict between the said monu¬ 
ments of such patented claims and the descriptions of said 
claims in the patents issued therefor the monuments on the 
ground shall govern, and erroneous or inconsistent descrip¬ 
tions or calls in the patent descriptions shall give way 
thereto. 

Sec. 2328. Concerns applications for patents, pending prior 
to May, 1872. 

Sec. 2329. Claims usually called “placers” including all 
forms of deposit, excepting veins of quartz, or other rock in 
place, shall be subject to entry and patent, under like circum¬ 
stances and conditions, and upon similar proceedings, as are 
provided for vein or lode claims; but where the lands have 
been previously surveyed by the United States, the entry in its 
exterior limits shall conform to the legal subdivisions of the 
public lands. 

See Gould & T. 3, 441. 

128 U. S. 679; 196 U. S. 119; 65 Cal. 40; 78 Cal. 595; 134 
Cal. 350. 

What Can Be Located As Placer. (See, also, citations 
2330). Stone, oil, salt springs, granite quarries, marble. 


MINING LAWS OF THE UNITED STATES 


13 


(Act of August 4, 1892, ch. 375, 27 Stat. L. 348.) 

Sec. 1. (Entry of building stone lands under placer claims 
laws.) That any person authorized to enter lands under the 
mining laws of the United States may enter lands that are 
chiefly valuable for building stone under the provisions of the 
law in relation to placer mineral claims, Provided, That lands 
reserved for the benefit of the public schools or donated to any 
state shall not be subject to entry under this act. (27 Stat. L. 
348.) 

An Act extending the mining laws to saline lands. 

(Act of January 31, 1901, ch. 186, 31 Stat. L. 745.) 

(Entry of Saline Lands Under Placer Claims Laws.) That 
all unoccupied public lands of the United States containing 
salt springs, or deposits of salt in any form, and chiefly valu¬ 
able therefor, are hereby declared to be subject to location 
and purchase under the provisions of the law relating to placer 
mining claims. Provided, That the same person shall not lo¬ 
cate or enter more than one claim hereunder. (31 Stat. L. 745.) 

Sec. 2330. Legal subdivisions of forty acres may be sub¬ 
divided into ten-acre tracts, and two or more persons, or asso¬ 
ciations of persons, having contiguous claims of any size, al¬ 
though such claims may be less than ten acres each, may make 
joint entry thereof; but no location of a placer claim, made 
after the ninth day of July, eighteen hundred and seventy, 
shall exceed one hundred and sixty acres for any one person 
or association of persons, which location shall conform to 
the United States surveys; and nothing in this section con¬ 
tained shall defeat or impair any bona fide preemption or home¬ 
stead claim upon agricultural lands, or authorize the sale of the 
improvements of any bona fide settler to any purchaser. 

104 U. S. 636; 4 Sawyer 28; 104 U. S. 653; 140 Cal. 440; 

14 Mont. 88. 

Sec. 2331. Where placer claims are upon surveyed lands, 
and conform to legal subdivisions, no further survey or plat 
shall be required, and all placer mining claims located after 
the tenth day of May, eighteen hundred and seventy-two, shall 
conform as near as practicable with the United States system 
of public lands surveys, and the rectangular subdivisions of 
such surveys, and no such location shall include more than 
twenty acres for each individual claimant; but where placer 
claims cannot be conformed to legal subdivisions, survey and 
plat shall be made as on unsurveyed lands; and where by the 
segregation of mineral land in any legal subdivision a quantity 
of agricultural land less than forty acres remains, such frac¬ 
tional portion of agricultural land may be entered by any party 
qualified by law, for homestead or preemption purposes. 

84 Cal. 415; 94 F. R. 383; 78 Cal. 596. _ , 


14 


MINING LAWS OF THE UNITED STATES 


Sec. 2332. (What evidence of possession, etc., to establish 
a right to a patent.) Where such person or association, they 
and their grantors, have held and worked their claims for a 
period equal to the time prescribed by the statute of limitations 
for mining claims of the state or territory where the same may 
be situated, evidence of such possession and working of the 
claims for such period shall be sufficient to establish a right 
to a patent thereto under this chapter, in the absence of any 
adverse claim; but nothing in this chapter shall be deemed to 
impair any lien which may have attached in any way what¬ 
ever to any mining claim or property thereto attached prior to 
the issuance of a patent. 

127 U. S. 348; 104 U. S. 279; 28 Colo. 364; 114 Cal. 105; 26 
Utah 1; 83 Cal. 296. 

Sec. 2333. Where the same person, association, or corpora¬ 
tion is in possession of a placer claim, and also a vein or lode in¬ 
cluded within the boundaries thereof, application shall be made 
for a patent for the placer claim, with the statement that it in¬ 
cludes such vein or lode, and in such case a patent shall issue 
for the placer claim, subject to the provisions of this chapter, 
including such vein or lode upon the payment of five dollars per 
acre for such vein or lode claim, and twenty-five feet of surface 
on each side thereof. The remainder of the placer claim, or any 
placer claim not embracing any vein or lode claim, shall be 
paid for at the rate of two dollars and fifty cents per acre, to¬ 
gether with all costs of proceedings; and where a vein or lode, 
such as is described in section twenty-three hundred and twen¬ 
ty, is known to exist within the boundaries of a placer claim, an 
application for a patent for such placer claim which does not in¬ 
clude an application for the vein or lode claim shall be con¬ 
strued as a conclusive declaration that the claimant of the 
placer claim has no right of possession of the vein or lode claim; 
but where the existence of a vein or lode in a placer claim is 
not known, a patent for the placer claim shall convey all valu¬ 
able mineral and other deposits within the boundaries there¬ 
of. See G. & T. 3, 441; 116 U. S. 687-696; 124 U. S. 348; 109 
U. S. 550; 128 U. S. 673; 100 U. S. 37; 132 U. S. 262; 
127 U. S. 353; 124 U. S. 383; 143 U. S. 400; 134 Cal. 350; 
135 IT. S. 292; 75 Pac. 420. 

LOCATION OF OIL AND GAS CLAIMS. 

These are placer claims. See sections 2329 to 2333 U. S. 
Statutes, page 12. 

An Act authorizing entry of petroleum or other mineral oil 
lands under placer claim laws. 

That any person authorized to enter lands under the min¬ 
ing laws of the United States may enter and obtain patents 


MINING LAWS OF THE UNITED STATES 


15 


to lands containing petroleum or other mineral oils, and chiefly 
valuable therefor, under the provisions of the laws relating to 
placer mineral claims. Provided, That lands containing such 
petroleum or other mineral oils which have heretofore been 
filed upon, claimed, or improved as mineral, but not yet pat¬ 
ented, may be held and patended under the provisions of this 
Act the same as if such filing, claim or improvement were sub¬ 
sequent to the date of the passage hereof. (29 Stat. L. 526.) 
Approved Feb. 11, 1897. 

An Act defining what shall constitute Assessments on Oil 
Mining Claims. (Act of February 12, 1903, ch. 548, 32 Stat. 
L. 825.) 

(Assessments required for Oil Mining Claims.) That where 
oil lands are located under the provisions of title thirty-two, 
chapter six, Revised Statutes of the United States, as placer 
mining claims, the annual assessment labor upon such claims 
may be done upon any one of a group of claims lying con¬ 
tiguous and owned by the same person or corporation, not 
exceeding five claims in all: Provided, That said labor will tend 
to the development or to determine the oil-bearing character 
of such contiguous claims. 

An Act to authorize the President of the United States to 
make withdrawals of public lands in certain cases. 

(Known as Pickett Bill.) 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
President may, at any time in his discretion, temporarily with¬ 
draw from settlement, location, sale, or entry any of the pub¬ 
lic lands of the United States including the District of Alaska 
and reserve the same for water-power sites, irrigation, classi¬ 
fication of lands, or other public purposes to be specified in 
the orders of withdrawals, and such withdrawals or reserva¬ 
tions shall remain in force until revoked by him or by an Act 
of Congress. 

Sec. 2. That all lands withdrawn under the provisions of 
this Act shall at all times be open to exploration, discovery, 
occupation, and purchase, under the mining laws of the United 
States, so far as the same apply to minerals other than coal, 
oil, gas, and phosphates: Provided, That the rights of any 
person who, at the date of any order of withdrawal hertofore 
or hereafter made, is a bona fide occupant or claimant of oil 
or gas bearing lands, and who, at such date, is in diligent prose¬ 
cution of work leading to discovery of oil or gas, shall not 
be affected or impaired by such order, so long as such occupant 
or claimant shall continue in diligent prosecution of said work: 
And provided further, That this Act shall not be construed 
as a recognition, abridgment, or enlargement of any asserted 
rights or claims initiated upon any oil or gas bearing lands 
after any withdrawal of such lands made prior to the passage 


16 


MINING LAWS OF THE UNITED STATES 


of this Act: And provided further, That there shall be ex¬ 
cepted from the force and effect of any withdrawal made under 
the provisions of this Act all lands which are, on the date of 
such withdrawal, embraced in any lawful homestead or desert- 
land entry theretofore made, or upon which any valid settle¬ 
ment has been made and is at said date being maintained and 
perfected pursuant to law; but the terms of this proviso shall 
not continue to apply to any particular tract of land unless 
the entryman or settler shall continue to comply with the law 
under which the entry or settlement was made: And provided 
further, That hereafter no forest reserve shall be created, nor 
shall any additions be made to one heretofore created within 
the limits of the States of Oregon, Washington, Idaho, Mon¬ 
tana, Colorado, or Wyoming, except by Act of Congress. 

Sec. 3. That the Secretary of the Interior shall report all 
such withdrawals to Congress at the beginning of its next regu¬ 
lar session after the date of the withdrawals. 

Approved, June 25, 1910. 

Case of Bakersfield Fuel and Oil Co. 

(Decided January 19, 1911. See also black type, page 18.) 
Placer Location—Oil Lands—Transferee. 

A placer location of oil lands for 160 acres, made by eight 
persons and subsequently transferred to a single individual, 
invalid because not preceded by discovery, can not be per¬ 
fected by the transferee upon a subsequent discovery to the 
full area so located, but only as to twenty acres thereof. 

Corporation—Regarded as Entity in Acquiring Public Lands. 

A corporation in acquiring title under the public land laws 
must be regarded as an entity, with no greater right than an 
individual. 

Discovery—Prerequisite to Initiation of Title. 

Discovery of mineral is an essential prerequisite to initiation 
of title under the mining laws. 

Discovery Subsequent to Location—Doctrine of Relation. 

While discovery of mineral subsequent to location of a min¬ 
ing claim is sometimes held by the land department to relate 
back to the date of location, where there was no precedent dis¬ 
covery, the doctrine of relation can not be invoked to the dis¬ 
advantage of intervening adverse claims nor to permit any one 
to secure more land by indirect means than may be done 
directly. 

Pierce, First Assistant Secretary of Interior rendering decision : 

The Bakersfield Fuel and Oil Company, a corporation organ¬ 
ized and existing under the laws of the State of California, ap¬ 
pellant herein, applied for a patent to the Pitney No. 2 oil 
placer claim, containing 160 acres, situate in the Visalia, Cali- 


MINING LAWS OF THE UNITED STATES 


17 


fornia, land district. The Commissioner of the General Land 
Office held that the company could secure patent to only 20 
acres and required it to elect which 20 acres it would take and 
to cast off the excess of 140 acres, basing his decision on the 
Yard Case (38 L. D., 59). The company has appealed to the 
Department. 

On the 22nd day- of June, 1899, eight persons attempted to 
locate said 160 acres of land as a single oil placer mining claim. 
No discovery of oil or other mineral had been made. During 
the month of August, 1899, and before discovery, all of said 
eight persons conveyed their so-called claim to the appellant 
company which sunk a well on the claim and actually discov¬ 
ered oil in paying and commercial quantities on the 25th day 
of September, 1900, at a depth of 1207 feet. No oil or other 
mineral was discovered in the claim prior thereto. 

The case has been exhaustively and ably argued by eminent 
counsel, and carefully prepared briefs have been filed. The 
law of the case is within narrow limits and was clearly an¬ 
nounced in the Yard Case, supra, that a placer location of 160 
acres, made by eight persons and subsequently transferred to 
a single individual before discovery, can not be perfected by 
the transferee upon a subsequent discovery to over 20 acres. 
While the Yard Case involved placer locations for gold and 
other precious minerals, it can not be distinguished from the 
case at bar. The placer law was applied to oil lands by act of 
Congress on February 11, 1897 (29 Stat. L., 526). The Act of 
May 10, 1872, carried into the Kevised Statutes as Sec. 2331, 
declares that no placer location shall include more than 20 
acres for each individual claimant. This is a limitation upon 
the size of an individual claim. The Department has frequent¬ 
ly held that a corporation in acquiring public lands is a single 
entity and has no greater right than an individual. (Igo Bridge 
Extension Placer, 38 L. D., 281, and other cases). 

Discovery of mineral is the one absolutely necessary pre¬ 
requisite to the initiation of title to mineral lands on the public 
domain. Until discovery is made the so-called locators hold 
their possession by sufferance and not by right; until discovery 
is made they acquire no interest in the public domain and have 
nothing to convey. But it is pressed upon our attention that 
locations are frequently made without discovery of mineral 
and that upon discovery the claims relate back to date of loca¬ 
tion. It is true that the Department often recognizes the val¬ 
idity of such locations by relation, but the doctrine of relation 
has never been invoked to the disadvantage of intervening ad¬ 
verse claimants, nor to permit any one to secure more land in 
an indirect method-than he could directly. 

Appellant relies upon the case of Miller v. Chrisman (140 
Cal., 140), in which the Supreme Court of California clearly de¬ 
cided adverse to the doctrine of the Yard Case. While the 


18 


MINING LAWS OF THE UNITED STATES 


Department has great respect for the decisions of the state 
courts, it does not feel bound to follow them at all times. The 
case of Miller v. Chrisman was carried to the Supreme Court 
of the United States and there affirmed (197 U. S., 313). A 
careful and critical examination of the opinion of the Supreme 
Court of the United States convinces the Department that that 
court did not intend to and did not adopt the doctrine laid 
down by the Supreme Court of California. There is no sug¬ 
gestion in the opinion that would warrant any such conclusion. 
It turned upon another point, that the intervener had not made 
such a discovery as would entitle him to protection. We 
do not regard it as an authority in the case at bar. 

It is pressed upon our attention that the method pursued by 
the appellant in its attempt to acquire patent to public oil land 
has been the common method in use in California for many 
years and that many patents have been issued under similar 
circumstances. This is the first time the question has been pre¬ 
sented to the Department for decision. Whenever a new ques¬ 
tion is presented it must be decided upon the law, and if the 
interpretation of the law works disadvantageously or inequita¬ 
bly relief should be secured through Congress; and in view of 
the situation existing the Department has already called the 
attention of Congress to the facts and recommended remedial 
legislation in favor of those bona fide locators who have dili¬ 
gently prosecuted their work to fruition. The decision is 
affirmed. 

An Act to protect the locators in good faith of oil and gas 
lands who shall have effected an actual discovery of oil or gas 
on the public lands of the United States, or their successors 
in interest. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That in 
no case shall patent be denied to or for any lands heretofore lo¬ 
cated or claimed under the mining laws of the United States 
containing petroleum, mineral oil, or gas solely, because of any 
transfer or assignment thereof or of any interest or interests 
therein by the original locator or locators, or any of them, to 
any qualified persons or person, or corporation, prior to dis¬ 
covery of oil or gas therein, but if such claim is in all other 
respects valid and regular, patent therefor not exceeding one 
hundred and sixty acres in any one claim shall issue to the 
holder or holders thereof, as in other cases: Provided, however, 
That such lands were not at the time of inception of develop¬ 
ment on or under such claim withdrawn from mineral entry. 

Approved, March 2, 1911. 

Sec. 2334. (Surveyor-general to appoint surveyors of min¬ 
ing claims, etc.) The surveyor-general of the United States 
may appoint in each land district containing mineral lands as 


MINING LAWS OF THE UNITED STATES 


19 


many competent surveyors as shall apply for appointment to 
survey mining claims. The expenses of the survey of vein or 
lode claims, and the survey and subdivision of placer claims 
into smaller quantities than one hundred and sixty acres, to¬ 
gether with the cost of publication of notices, shall be paid by 
the applicants, and they shall be at liberty to obtain the same 
at the most reasonable rates, and they shall also be at liberty 
to employ any United States deputy surveyor to make the 
survey. The commissioner of the general land office shall also 
have power to establish the maximum charges for surveys and 
publication of notices under this chapter; and, in case of ex¬ 
cessive charges for publication, he may designate any news¬ 
paper published in a land-district where mines are situated for 
the publication of mining-notices in such district, and fix the 
rates to be charged by such paper; and, to the end that the com¬ 
missioner may be fully informed on the subject, each applicant 
shall file with the register a sworn statement of all charges and 
fees paid by such applicant for publication and surveys, to¬ 
gether with all fees and money paid the register and receiver 
of the land office, which statement shall be transmitted, with 
the other papers in the case, to the commissioner of the general 
land office. (R. S.) 

Sec. 2335. (Verification of Affidavits, etc.) All affidavits 
required to be made under this chapter may be verified before 
any officer authorized to administer oaths within the land- 
district where the claims may be situated, and all testimony 
and proofs may be taken before any such officer, and, when 
duly certified by the officer taking the same, shall have the 
same force and effect as if taken before the register and 
receiver of the land office. In cases of contest as to the mineral 
or agricultural character of land, the testimony and proofs may 
be taken as herein provided on personal notice of at least ten 
days to the opposing party; or if such party cannot be found, 
then by publication of at least once a week for thirty days in 
a newspaper to be designated by the register of the land office 
as published nearest to the location of such land; and the regis¬ 
ter shall require proof that such notice has been given. (R. S.) 
54 F. R. 252; 44 F. R. 800. 

Sec. 2336. (Where Veins Intersect, etc.) Where two or 
more veins intersect or cross each other, priority of title shall 
govern, and such prior location shall be entitled to all ore or 
mineral contained within the space of intersection; but the sub¬ 
sequent location shall have the right of way through the space 
of intersection for the purpose of the convenient working of 
the mine. And where two or more veins unite, the oldest or 
prior location shall take the vein below the point of union, in¬ 
cluding all the space of intersection. (R, S.) 

159 U. S. 658; 101 Cal. 358; 75 Cal. 78; 182 U. S. 505; 27 
Colo. 16; 101 Cal. 361. 


20 


MINING LAWS OF THE UNITED STATES 


Sec. 2337. Where non-mineral land not contiguous to the 
vein or lode is used or occupied by the proprietor of such vein 
or lode for mining or milling purposes, such non-adjacent sur¬ 
face ground may be embraced and included in an application 
for a patent for such vein or lode, and the same may be 
patented therewith, subject to the same preliminary require¬ 
ments as to survey and notice as are applicable to veins or 
lodes; but no location hereafter made of such non-adjacent land 
shall exceed five acres, and payment for the same must be made 
at the same rate as fixed by this chapter for the superficies of 
the lode. The owner of a quartz mill or reduction works, not 
owning a mine in connection therewith, may also receive a 
patent for his mill site, as provided in this section. 

133 Cal. 637; 28 Colo. 367; 17 Nev. 460; 79 F. R. 890. 

Sec. 2338. As a condition of sale, in the absence of neces¬ 
sary legislation by congress, the local legislature of any State 
or Territory may provide rules -for working mines, involving 
easements, drainage and other necessary means to their com¬ 
plete development; and those conditions shall be fully expressed 
in the patent. 

Ill Cal. 577; 182 U. S. 500; 73 Cal. 484. 

Sec. 2339. Whenever, by priority of possession, rights to 
the use of water for mining, agricultural, manufacturing, or 
other purposes, have vested and accrued, and the same are 
recognized and acknowledged by the local customs, laws and 
the decisions of courts, the possessors and owners of such vest¬ 
ed rights shall be maintained and protected in the same; and 
the right of way for the construction of ditches and canals for 
the purposes herein specified is acknowledged and confirmed; 
but whenever any person, in the construction of any ditch or 
canal, injures or damages the possession of any settler on the 
public domain, the party committing such injury or damage 
shall be liable to the party injured for such injury or damage. 

101 U. S. 276; 174 U. S. 704; 188 U. S. 553; 175 U. S. 571; 

50 Cal. 621; 26 Colo. 74; 133 Cal. 566; 39 Oregon 148; 

98 U. S. 453. 

Sec. 2340. All patents granted, or pre-emptions, or home¬ 
steads allowed, shall be subject to any vested and accrued 
water rights, or rights to ditches and reservoirs used in connec¬ 
tion with such water rights, as may have been acquired under 
or recognized by the preceding section. 

Sec. 2341. Concerns homesteads upon mineral lands. 

Sec. 2342. (How Secretary of the Interior shall set apart 
mineral lands found to be agricultural.) 

Sec. 2343. (Concerns establishment of land districts.) 

Sec. 2346. Exempts mineral lands in grants to corporations 
for the construction of railroads. 


MINING LAWS OF THE UNITED STATES 


21 


MINING CLAIMS IN FOREST RESERVES. 

The Congressional act of June 4th, 1897, provides as follows: 

“It is not the purpose or intent of these provisions, or of the 
act providing for such reservations, to authorize the inclusion 
therein of lands more valuable for the mineral therein, or for 
agricultural purposes, than for forest purposes.” 

And in the same act it is provided: 

“Nor shall anything herein prohibit any person from enter¬ 
ing upon such forest reservations for all proper and lawful pur¬ 
poses, including that of prospecting, locating and developing 
the mineral resources thereof ; provided, that such persons com¬ 
ply with the rules and regulations covering such forest reserva¬ 
tions.” ' 

The act provides for the restoration to the public domain of 
tracts more valuable for mining or agricultural purposes, and 
then proceeds: 

“And any mineral lands in any forest reservation which have 
been or may be shown to be such and subject to entry under the 
existing mining laws of the United States and the rules and 
regulations applying thereto, shall continue to be subject to 
such location and entry notwithstanding any provisions herein 
contained.” 

Under these statutes it is now held by the land department 
that the forest reserves are open to the location of mining 
claims. There can be no doubt of the meaning of congress upon 
this subject. Lands within forest reserves are subject to the 
operation of the mining laws. 

MILL SITES. 

See Section 2337 R. S. Ante. For Statutory provisions. 

Mill sites are located by posting notice and staking by a sub¬ 
stantial post or stake at each angle, which ordinary prudence 
would require to be inscribed with the name of the mill site and 
the number of the corner. There are no Congressional regula¬ 
tions of the details of such location, but their record should 
conform to the requirement applicable to the record of all 
classes of claims, to-wit, that it contain a sufficient description 
by reference to natural objects or permanent monuments; which 
terms of the statute are no more than a statement of what is 
required as a matter of course without such statute. In other 
words, where any record whatsoever is essential to either 
original claim or conveyance, it must contain a description suffi¬ 
cient to identify the land intended to be described. 

Post location notice at some conspicuous point on the claim, 
in substance as follows: 


22 


MINING LAWS OF THE UNITED STATES 


MILL SITE LOCATION NOTICE. 

I claim the....mill site (. 

feet.by.feet.) as staked on this ground. 

Date of location. 

(signature) 


And make record in the proper county of the 
Location Certificate of Mill Site. 

To all whom these presents may concern: Know ye that I, 

.of., do hereby declare and 

publish as a legal notice to all the world that I have a valid 
right to the occupation, possession and enjoyment of all and 
singular that tract or parcel of land, not exceeding five acres, 


situate, lying and being in the.Mining 

district, in the County of.. in the State of 


., bounded and described as follows, to-wit: The 

.mill site, beginning at corner. No one 

from which.(description continued) to the 

place of beginning. 

Together with all and singular the hereditaments and ap¬ 
purtenances thereunto belonging or in anywise appertaining. 

Witness my hand and seal this.day of. 

in the year of our Lord one thousand nine hundred and. 

(signature) (seal) 


State of.County of.—ss. 

Before me, the subscriber, a notary public in and for said 
county, personally appeared., to me person¬ 

ally known to be the same person described in, and who exe¬ 
cuted the within Location Certificate of Mill Site, and acknowl¬ 
edged that he signed, sealed and published the same as his free 


and voluntary act and deed for the uses and purposes therein 
set forth. 

Witness my hand and notarial seal, this.day of 

., 19.... My commission expires. 

(Seal) Notary Public. 


It is not absolutely necessary that the mill site should be 
named to comply with the law, but it would be found very in¬ 
convenient not to do so. The location of a mill site should be 
followed by occupancy or improvement. (10 Mining Reports 
337.) 

A plot of ground containing five acres is equal to 
466.69x466.69 feet square. To hold land as a mill site it must 
be non-mineral, non-contiguous to the lode and must be actually 


























MINING LAWS OF THE UNITED STATES 


23 


used or kept by the owner for mining or milling purposes. It 
may be used for boarding houses for miners, for ore houses as 
well as for mining machinery: 

The following uses will hold a mill site: 

1. Building thereon a pumping plant to carry water to the 
mine. 

2. Storing water thereon to use at the mine. 

3. Using the land to store ore or tailings. 

4. Placing boarding houses or shops thereon for workmen. 

5. Use as a ware-house for storing tools. 

A mill site can not be patented to obtain title to water claim 
or for the timber that is on it. 

$500.00 labor on a lode claim is sufficient to patent both lode 
and mill site if mill site is actually used and occupied. 

TIMBER. 

An Act authorizing the citizens of Colorado, Nevada and 
the Territories to fell and remove timber on the public domain 
for mining and domestic purposes. Approved June 3, 1878. 
(20 Stat. L., 88.) 

That all citizens of the United States and other persons, 
bona fide residents of the State of Colorado or Nevada, or 
either of the Territories of New Mexico, Arizona, Utah, Wyom¬ 
ing, Dakota, Idaho or Montana, and all other mineral districts 
of the United States, shall be, and are hereby authorized and 
permitted to fell and remove, for building, agricultural, min¬ 
ing, or other domestic purposes, any timber or other trees 
growing or being on the public lands, said lands being mineral, 
and not subject to entry under existing laws of the United 
States, except for mineral entry, in either of said states, terri¬ 
tories or districts of which such citizens or persons may be at 
the time bona fide residents, subject to such rules and regu¬ 
lations as the Secretary of the Interior may prescribe for the 
protection of the timber and of the undergrowth growing upon 
such lands, and for other purposes: Provided, the provisions 
of this act shall not extend to railroad corporations. 

Sec. 2. (Provides that registers and receivers of land offices 
shall ascertain whether timber is being cut for other purposes 
than mentioned above.) 

Sec. 3. (This section provides a penalty for violation of 
this act.) 

MINING ON TOWN SITES. 

An Act to repeal the timber culture laws, and for other pur¬ 
poses. Approved March 3, 1891. (26 Stat. L., 1095.) In this 

act may be found the following: 

Sec. 16. That town site entries may be made by incorporated 
towns and cities on the mineral lands of the United States, 


24 


MINING LAWS OF THE UNITED STATES 


but no title shall be acquired by such towns or cities to any 
vein of gold, silver, cinnabar, copper or lead, or to any valid 
mining claim or possession held under existing law. When 
mineral veins are possessed within the limits of an incor¬ 
porated town or city, and such possession is recognized by local 
authority or by the laws of the United States, the title to town 
lots shall be subject to such recognized possession and the nec¬ 
essary use thereof, and when entry has been made or patent 
issued for such town sites to such incorporated town or city, 
the possessor of such mineral vein may enter and receive patent 
for such mineral vein, and the surface ground appertaining 
thereto: Provided, that no entry shall be made by such 
mineral-vein claimant for surface ground where the owner 
or occupier of the surface ground shall have had possession 
of the same before the inception of the title of the mineral-vein 
applicant. 

COAL LANDS. 

Sec. 2347. (Entry of Coal Lands.) Every person above 
the age of twenty-one years, who is a citizen of the United 
States, or who has declared his intention to become such, or 
any association of persons severally qualified as above, shall, 
upon application to the register of the proper land office, have 
the right to enter, by legal subdivisions, any quantity of vacant 
coal lands of the United States not otherwise appropriated or 
reserved by competent authority, not exceeding one hundred 
and sixty acres to such individual person, or three hundred 
and twenty acres to such association, upon payment to the 
receiver of not less than ten dollars per acre, for such lands, 
where the same shall be situated more than fifteen miles from 
any completed railroad, and not less than twenty dollars 
per acre for such lands as shall be within fifteen miles of such 
road. (R. S.) 

123 U. S. 325; 137 U. S. 169. 

Sec. 2348. (Pre-emption of Coal Lands.) Any person or 
association of persons severally qualified, as above provided, 
who have opened and improved, or shall hereafter open and 
improve, any coal mine or mines upon the public lands, and 
shall be in actual possession of the same, shall be entitled 
to a preference-right of entry, under the preceding section, of 
the mines so opened and improved. Provided, That when any 
association of not less than four persons, severally qualified as 
above provided, shall have expended not less than five thou¬ 
sand dollars in working and improving any such mine or 
mines, such association may enter not exceeding six hundred 
and forty acres, including such mining improvements. (R. S.) 

Pre-emption Claims of Coal-Land to be Presented Within Sixty 

Days, etc. 

Sec. 2349. All claims under the preceding section must be 


MINING LAWS OF THE UNITED STATES 


25 


presented to the register of the proper land district within 
sixty days after the date of actual possession and the com¬ 
mencement of improvements on the land, by the filing of a de¬ 
claratory statement therefor; hut when the township plat is 
not on file at the date of such improvement, filing must be 
made within sixty days from the receipt of such plat at the dis¬ 
trict office; and where the improvements shall have been made 
prior to the expiration of three months from the third day of 
March, eighteen hundred and seventy-three, sixty days from 
the expiration of such three months shall be allowed for the 
filing of a declaratory statement, and no sale under the provis¬ 
ions of this section shall be allowed until the expiration of six 
months from the third day of March, eighteen hundred and 
seventy-three. (R. S.) 

123 U. S. 313. 

Only One Entry Allowed. 

Sec. 2350. The three preceding sections shall be held to 
authorize only one entry by the same person or association of 
persons; and no association of persons, any member of which 
shall have taken the benefit of such sections, either as an in¬ 
dividual or as a member of any other association, shall enter or 
hold any other lands under the provisions thereof; and no mem¬ 
ber of any association which shall have taken the benefit of 
such sections shall enter or hold any other lands under their 
provisions; and all persons claiming under section twenty- 
three hundred and forty-eight shall be required to prove their 
respective rights and pay for the lands filed upon within one 
year from the time prescribed for filing their respective claims; 
and upon failure to file the proper notice, or to pay for the land 
within the required period, the same shall be subject to entry 
by any other qualified applicant. (R. S.) 

Conflicting Claims. 

Sec. 2351. In case of conflicting claims upon coal-lands, 
where the improvements shall be commenced, after the third 
day of March, eighteen hundred and seventy-three, priority of 
possession and improvement, followed by proper filing and con¬ 
tinued good faith, shall determine the preference-right to 
purchase. And also where improvements have already been 
made prior to the third day of March, eighteen hundred and 
seventy-three, division of the land claimed may be made by 
legal subdivisions, to include, as near as may be, the valuable 
improvements of the respective parties. The commissioner of 
the general land office is authorized to issue all needful rules 
and regulations for carrying into effect the provisions of this 
and the four preceding sections. 

80 F. R. 429; 44 F. R. 800. 

An Act to Provide for Agricultural Entries on Coal Lands. 

This Act provides that entries may be made on public lands 
containing coal, except Alaska, under homestead laws, desert 


26 


MINING LAWS OF THE UNITED STATES 


land laws, Carey Act, etc., with reservation of the coal by the 
United States and that the coal may be prospected for and re¬ 
moved under directions and rules made by the Secretary of 
the Interior. Approved June 22, 1910. 

(This Act is too long for this book, but can be found in the Session 
Laws of the Sixty-first Congress, Part 2.) 

Note—Call at local U. S. land office, or write to * 1 Commissioner Gen¬ 
eral Land Office, Washington, D. C. ” for pamphlet on proceeding and 
forms to enter Coal Lands. 

BUREAU OF MINES. 

An Act to Establish in the Department of the Interior a Bureau 
of Mines. Approved May 16, 1910. 

This Act in full can be found in Acts of Sixty-first Congress 
of the United States, part 2, at page 369 et seq. It gives the 
law establishing this Bureau, who its officers are and their 
duties. Too long for this book. 

TUNNEL SITES. 

(For Law on Tunnel Rights, see Sections 2323, 2324.) 

LOCATION CERTIFICATE OF TUNNEL. 

To All Whom These Presents May Concern: 


Know ye, that I,., a citizen of the 

United States, of..., county of., 

state of., do hereby declare and publish 


as a legal notice to all the world that I have a valid right to the 

occupancy, possession and enjoyment of the.Tunnel and 

Tunnel Site, located., A. D. 19..., for the discovery of 

mines and the development of lodes, and situate in. 

.mining district, .county, state of 

., described as follows, to-wit: 

Mouth of tunnel situate. 

Size of tunnel .. 

Course of tunnel, from its mouth. 

which last four mentioned stakes are at the exterior corners of 
the claim of said tunnel site. 

And I claim for line of tunnel.feet on 

each side of the center of the bore or course of the tunnel, and 
the right to all lodes which may be discovered in the due prose¬ 
cution of said tunnel within.feet on either 

side of the center of said line. 

I also claim a square tract of land 125 feet on each side of 
the mouth of tunnel and extending...feet im¬ 

mediately below the mouth of the tunnel, as staked upon the 
ground, for dumping purposes. 

Together with all and singular the hereditaments and appur¬ 
tenances thereunto belonging or in any wise appertaining, and 
all rights granted to the locator as tunnel rights under the 

















MINING LAWS OF THE UNITED STATES 


27 


terms of Section 2323 of the Revised Statutes of the United 
States. 


Witness my hand and seal, this 


day of 


, A. D. 19*.’*. 


State of . ) 

[■ ss. 

County of . ) 

Before me, the subscriber, a notary public in and for said 

county, personally appeared.., 

to me personally known to be the same person described in and 
who executed the within declaration of occupation and 
acknowledged that he signed, sealed and published the same 
as his free and voluntary act and deed for the uses and-pur¬ 
poses therein set forth. 

Witness my hand and notarial seal this.day of 


, A. D. 19 


Notary Public. 


State of . 
County of 



of the county of., 

.. ., being first duly sworn ac- 


state of 


cording to law, deposes and says: That he is a citizen of the 
United States, over the age of twenty-one years; that he is the 
owner by pre-emption, location and occupation of the foregoing 
tunnel site, the said tunnel being prosecuted for the develop¬ 
ment of lodes belonging to said affiant; also for the discovery of 
other lodes; affiant further says that he has expended in actual 
work and improvements on said tunnel not less than. 


dollars, and that said tunnel has been already 


run the distance of 


feet, and that 


it is bona fide his intention to prosecute work on said tunnel so 
located and described with reasonable diligence for the pur¬ 
poses therein set forth. 


of 


Subscribed and sworn to before me, this 
., A. D. 19.... 


day 


Notary Public. 


Also place at mouth of tunnel the following: 


LOCATION NOTICE. 


The. 

located this 
by . 


, Tunnel and Tunnel Site, 


day of 


Course . 

Height of tunnel 


feet; width, 


feet. 































28 


MINING LAWS OF THE UNITED STATES 


I claim all lodes to be discovered in this tunnel, and not 
previously known to exist within 1500 feet on each side of 
tunnel, as staked on the ground. 

I also claim a dump..feet square, as 

staked. 

Dated . 


FORFEITURE TO CO-OWNER. 

(For Law on this subject, see Section 2324.) 

NOTICE OF FORFEITURE. 

To.: 

Yoli are hereby notified that I, the undersigned, have expend¬ 
ed during the year ...., the sum of.hundred 

dollars, in labor and improvements on the following described 
mining claims, being one hundred dollars worth of labor and 
improvements on each of the following named mining claims, 
to-wit: Those.certain mining claims, situ¬ 
ated in the.mining district,. 

county, state of., known and described as 

follows: 

.mining claim, according to lo¬ 
cation notice thereof, recorded in Book.of Mining 

Records, page., Records of.county, 

state of. 

(Follow with description of remaining claims, as above.) 

That said work was done and improvements made on said 

claims during the year., in order to hold the said claims 

under the provisions of Section 2324 of the Revised Statutes of 
the United States, and the amendments thereto, and the laws 

of the state of., concerning annual labor 

to be done on mining claims. 

That there is due from you to the undersigned the sum of 

.hundred dollars on account of your share 

of the said.hundred dollars expended for 

annual labor on the said mining claims during the year., 

and 

You are hereby notified by the undersigned that if within 
ninety days from the personal service of this notice upon you, 
or within ninety days after the service of this notice upon you 
by publication, you fail, refuse or neglect to contribute your 

portion of such expenditure, to-wit: the sum of. 

hundred dollars to the undersigned, your interest in said min¬ 
ing claims will become the property of the undersigned, your 
co-owner, in accordance with the law in such cases made and 
provided. 

Dated., state of. . 

19.... 
























MINING LAWS OF THE UNITED STATES 


29 


PROOF OF SERVICE OF NOTICE PERSONALLY. 

State of . ) 

V SS. 

County of . ) 

., being duly sworn, says, 

that he served the within and foregoing forfeiture notice upon 

., the delinquent co-owner therein named, 

upon the.day of., A. D., at said county 

of., by delivering to the said., 

a true copy of the said notice, and explaining the contents 

thereof, and that the said.wholly failed to 

comply with the demand contained in said notice, or to pay 
or tender his proportion of said expenditures during the period 
of ninety days after said date, or at any time since hitherto. 

(To be sworn to before Notary Public.) 

PUBLISHER S PROOF OF FORFEITURE. 

State of. ) 

- ss. 

County of . ) 

(Copy of above notice attached.) 

.... .., being duly sworn, saith, that he is 

the publisher of the., a weekly news¬ 
paper, published in said county, and that said. 

is the newspaper published nearest to said. 

Lode Claim, and that the above notice was published in said 
paper fourteen successive weeks, the first publication appear¬ 
ing in the issue of., and the last pub¬ 
lication in the issue of... 


(To be sworn to before Notary Public.) 


AFFIDAVIT OF NON-PAYMENT. 


State of . 
County of 


ss. 


.. being duly sworn, saith, 

that.. the person named in the 

forfeiture notice attached to the within proof of publication, 
wholly failed to comply with the demand contained in said 
notice or to pay or tender his proportion of said expenditures, 
during the period of said notice or within ninety days there¬ 
after, or at any time. 


(To be sworn to before Notary Public.) 


























ARIZONA MINING LAWS 

(See also U. S. Mining Laws.) 


Secs. 1772, 1773, 1774, 1775 and 1776 provide for summary 
sales of mining claims and interests therein belonging to estates 
by order of Probate Court. 

Secs. 2013, 2014, 2015, 2016 and 2017 provide for optional 
sales on mines by guardians, etc. 

Sec. 2746 provides that injunctions against working mines 
shall only be granted upon notice. 

2904. All miners, laborers and others who may labor, and 
all persons who may furnish material of any kind designed or 
used in or upon any mine or mining claim, and to whom any 
sum is due for such labor or materials shall have a lien upon the 
same for such sums as are unpaid. 

2 Ariz. 326; 4 Ariz. 200; 7 Ariz. 258; 7 Ariz. 399. 

3231. (Sec. 1.) On the discovery of mineral in place on 
the public domain of the United States, the same may be lo¬ 
cated as a mining claim by the discoverer for himself, or for 
himself and others, or for others. 

Citizenship—5 Ariz. 152; 3 Ariz. 6; 6 Ariz. 323. 

Location by Agent—1 Ariz. 99. 

Local Laws of Miners—1 Ariz. 99; 1 Ariz. 493. 

Possession—1 Ariz. 404; 3 Ariz. 6. 

3232. (Sec. 2.) Such location shall be made by erecting at 
or contiguous to the point of discovery a conspicuous monu¬ 
ment of stones not less than three feet in height, or an upright 
post, securely fixed, projecting at least four feet above the 
ground, in which monument of stones or on which post there 
shall be posted a location notice, which shall be signed by the 
name or names of the locator or locators. The location notice 
must contain: 

1. The name of the claim located. 

2. The name or names of the locators. 

3. The date of the locations. 

4. The length and width of the claim in feet, and the dis¬ 
tance in feet from the point of discovery to each end of the 
claim. 

5. The general course of the claim. 

6. The locality of the claim with reference to some natural 
object or permanent monument whereby the claim can be iden¬ 
tified. 

What Claim Includes—1 Ariz. 426; 4 Ariz. 34; 7 Ariz. 95. 

Location Notice and Amendment—2 Ariz. 272; 4 Ariz. 34; 



The Calkins Company 

348 North Main Street : Los Angeles, Cal. 


EVERYTHING FOR THE 
ASSAYER AND CHEMIST 



Balances, Chemist’s Glassware, Crushers, 
Grinders, Furnaces, Crucibles, 
Hydrocarbon Burners, Acids, Chemicals 


MERCURY, CYANIDE 

and 

ZINC SHAVINGS 







32 


MINING LAWS OF ARIZONA 


3 Ariz. 6; 6 Ariz. 79; 6 Ariz. 55; 6 Ariz. 623; 6 Ariz. 263; 

7 Ariz. 95. 

Relocation—2 Ariz. 347; 2 Ariz. 326; 6 Ariz. 55; 11 Ariz. 66. 

3233. (Sec. 3.) Until each and all of the above specified 
things shall have been done, no right thereto shall have been 
acquired. 

3234. (Sec. 4.) From the time of the location of a mining 
claim, as above specified, the locator shall be allowed ninety 
days within which to do or cause to be done the following 
things: 

1. To cause to be recorded in the office of the county record¬ 
er of the county in which the claim is situated a copy of the lo¬ 
cation notice. 

2. To sink a discovery shaft in the claim to a depth of at 
least eight feet from the lowest part of the rim of the shaft at 
the surface, and deeper, if necessary, until there is disclosed in 
said shaft mineral in place. 

3. To monument the claim on the ground so that its bound¬ 
aries can be easily traced. 

Location Work—2 Ariz. 407. 

Recording Notice—1 Ariz. 493; 3 Ariz. 6; 6 Ariz. 55. 

3235. (Sec. 5.) The failure to do all the things enumerated 
in this section in the time and place specified shall be con¬ 
strued into an abandonment of the claim, and all right and 
claim thereto of the discoverer and locator shall be forfeited. 

3236. (Sec. 6.) Such surface boundary shall be marked by 
six substantial posts projecting at least four feet above the sur¬ 
face of the ground, or by substantial stone monuments at least 
three feet high, to-wit: One at each corner of said claim and 
one at the center of each end line thereof. 

3237. (Sec. 7.) Any open cut, adit or tunnel which shall be 
made as above provided for, as a part of the location of a lode 
mining claim, and which shall be equal in amount of work 
to a shaft eight feet deep and four feet wide by six feet long, 
and which shall cut a lode or mineral in place at a depth qf. 
ten feet from the surface, shall be equivalent, as a discovery 
work, to a shaft sunk from the surface. 

3238. (Sec. 8.) Location notices may be amended at any 
time and the monuments changed to correspond with the 
amended location; PROVIDED, That no change shall be made 
that will interfere with the rights of others. 

3239. (Sec. 9.) The amount of assessment or representa¬ 
tion work or improvements to be done or made during each 
year, after the completion of the location as heretofore pro- 


MINING LAWS OF ARIZONA 


33 


vided, and the time for doing the same, shall be as provided by 
the laws of the United States. 


2 Ariz. 407; 6 Ariz. 55; 6 Ariz. 623. 

3240. (Sec. 10.) Within three months after the expiration 
of the period of time fixed for the performance of annual labor 
or the making of improvements upon any mining claim, the 
person on whose behalf such work or improvement was made, 
or some person for him knowing the facts, may make and 
record in the office of the county recorder of the county where¬ 
in such claim is situated, an affidavit, in substance as follows: 

Territory of Arizona, County of.—ss. 

., being duly sworn, deposes 

and says that he is a citizen of the United States and more than 

twenty-one years of age, resides at.in 

County, Arizona Territory, and is personally acquainted with 

the mining claim known as.mining 

claim, situated in.mining district, Ari¬ 

zona Territory, the location notice of which is recorded in the 

office of the County Recorder of said county, in book.of 

Records of Mines, at page. That between the. 

day of.A. D., and the.day of 

.. .A. D., at least.dollars’ 

worth of work and improvements were done and performed 
upon said claim, not including the location work of said claim. 
Such work and improvements were made by and at the expense 

of..., owners of said 

claim, for the purpose of complying with the laws of the United 
States pertaining to assessments of annual work, and (here 
name the miners or men who worked upon the claim in doing 
the work) were the men employed by said owner and who 
labored upon said claim, did said work and improvements, the 
same being as follows, to-wit: (Here describe the work done.) 

Signature. 

Subscribed and sworn to before me this. .. .day of. 

A. D. 

My commission as Notary Public expires on the.day of 

.A. D. 


(Notarial Seal.) 


Notary Public. 


3241. (Sec. 11.) Such affidavit, when so recorded, shall be 
prima facie evidence of the performance of such labor or the 
making of such improvements, and said original affidavit, after 
it has been recorded, or a certified copy thereof, or the record 
thereof, shall be received as evidence accordingly by the courts 
of this Territory. The location of an abandoned or forfeited 
























34 


MINING LAWS OF ARIZONA 


claim shall be made in accordance with the provisions of para¬ 
graph 3232 (Sec. 2.), of Title 47, Chapter XLVII, of the Revised 
Statutes of Arizona, 1901, except that the relocator may, if he 
so elect, perform his location work by sinking the original 
location shaft ten feet deeper than it was originally, or in 
case the original location work consisted of a tunnel or open 
cut, he may perform his location work by extending said tun¬ 
nel or open cut by removing therefrom 240 cubic feet of rock 
or vein material. 

The above section is as amended March 12, 4907. 

Abandonment and Forfeiture—1 Ariz. 493; 6 Ariz. 55; 6 
Ariz. 323; 6 Ariz. 103; 6 Ariz. 263. 

Relocation—2 Ariz. 347; 2 Ariz. 326; 6 Ariz. 55; 11 Ariz. 66. 

3242. (Sec. 12.) The locator of a placer mining claim shall 
locate his claim in the following manner: By posting a loca¬ 
tion notice thereon containing the name of the claim, the name 
of the locator or locators, the date of location and the number 
of acres claimed, a description of the claim with reference to 
some natural object or permanent monument that will identify 
the claim by marking the boundaries of his claim with a post 
or monument of stones at each angle of the claim located. 
When a post is used it must be at least four inches thick by 
four feet six inches in length, set one foot in the ground and 
surrounded by a mound of stone or earth. 

3243. (Sec. 13.) Where it is practically impossible on ac¬ 
count of a bed rock or precipitous ground to sink such posts, 
they may be placed in a pile of stones. And if or any reason 
it is impossible to erect and maintain a post or monument of 
stone at any angle of such claim, a witness post or monument 
may be used, said witness monument to be placed as near the 
true corner as the nature of the ground will permit. When a 
mound of stone is used, it must be at least three feet in height 
and four feet in diameter at the base. 

3244. (Sec. 14.) The locator of any placer claim shall, with¬ 
in sixty days after the date of location of such claim, have a 
copy of the location notice claim recorded in the office of the 
county recorder of the county in which said placer claim may 
be situated. Any record of the location of a placer mining 
claim which shall not contain all the requirements of this sec¬ 
tion shall be void. 

3245. (Sec. 15.) Whenever a co-owner or co-owners shall 
give to a delinquent co-owner or co-owners the notice in writing 
or notice by publication provided for in section twenty-three 
hundred and twenty-four (2324) of the Revised Statutes of the 
United States, an affidavit of the persons giving such notice, 
stating the time, place, manner of service, and by whom and 


MINING LAWS OF ARIZONA 


35 


upon whom such service was made, shall be attached to a true 
copy of such notice, and such notice and affidavit must be re¬ 
corded in the office of the county recorder of the county in 
which the mining claim is situate within ninety (90) days after 
giving the notice; or, if such notice is given by publication in a 
newspaper, there shall be attached to a printed copy of such 
notice an affidavit of the editor, publisher or foreman of such 
paper, stating the date of the first, last and each insertion of 
such notice therein, and when and where the newspaper was 
published during that time and the name of such newspaper. 
Such affidavit and notice shall be recorded as aforesaid within 
one hundred and eighty days after the first publication thereof. 

194 U. S. 248; 150 U. S. 585. 

3246. (Sec. 16.) The original of such notice and affidavits 
or the records thereof, shall be evidence that the delinquent 
mentioned in Section 2324 has failed or refused to contribute 
his proportion of the expenditure required by that section, and 
of the services of publication of said notice; Provided, The 
writing affidavit hereinafter provided for is not of record. 

3247. (Sec. 17.) If such delinquent shall, within the ninety 
days required by Section 2324 aforesaid, contribute to his co¬ 
owner or co-owners his proportion of such expenditures, such 
co-owners shall sign and deliver to the delinquent, or delin¬ 
quents a writing, stating that the delinquent or delinquents, by 
name, has, within the time required by Section 2324 of the 
Revised Statutes of the United States, contributed his share for 

the year.upon the.mine, and further stating 

therein the districts, county and territory wherein the same is 
situate, and the book and page where the location notice is re¬ 
corded. Such writing shall be recorded in the office of the 
county recorder of said county. 

3248. (Sec. 18.) If such co-owner or co-owners shall fail to 
sign and deliver such writing to the delinquent or delinquents 
within twenty days after such contribution, the co-owner or co¬ 
owners, so failing as aforesaid, shall be liable to a penalty of 
one hundred dollars, to be recovered by any person for the use 
of the delinquent or delinquents in any court of competent jur¬ 
isdiction. If such co-owner or co-owners fail to deliver sucli 
writing within said twenty days, then the delinquent, with two 
disinterested persons having personal knowledge of such con¬ 
tribution, may make an affidavit, setting forth in what manner, 
the amount of, to whom and upon what mine such contribution 
was made. Such affidavit or a record thereof, in the office of 
the county recorder of the county in which said mine is situate, 
shall be prima facie evidence of such contribution. 

3249. (Sec. 19.) In all actions, judgments, grants or con¬ 
veyances it shall be a sufficient description of a mining claim if 




36 


MINING LAWS OF ARIZONA 


it can be intelligently learned therefrom the name of the claim, 
the district, county and territory where it is situate, and the 
book and page where the location notice thereof is recorded. 

Sales—6 Ariz. 103; 7 Ariz. 258. 

Leases—7 Ariz. 399. 

3250. (Sec. 20.) The county recorders of the several coun¬ 
ties are authorized and required to procure suitable books in 
which the records of all mines and mineral deposits shall be 
kept, which said books shall be paid for out of the county 
treasury. 

3251. (Sec. 21.) Nothing in this act shall be so construed 
as to effect the claims to mines and mineral deposits heretofore 
located and duly recorded. 

Secs. 3252, 3253, 3254, 3255, 3256 and 3257 provide for joint 
drainage of adjoining mines by different owners. 

3258. (Sec. 28.) The regents of the University of Arizona 
shall charge for assaying ores taken from deposits and mines 
within the territory of Arizona no higher rate than one dollar 
for each assay producing gold and silver, and two dollars for 
assays producing gold, silver and copper, and two dollars and 
fifty cents for assaying ores showing more than three metals; 
and the maximum rate for an assay shall be two dollars and 
fifty cents and the minimum rate for an assay shall be one 
dollar. 

3259. (Sec. 29.) There shall be a uniform fee of one dol¬ 
lar charged by each county recorder in the territory of Ariz¬ 
ona for recording each notice of location of a mining claim, 
including certificate of work done to comply with the law re¬ 
garding locations, the said one dollar to be in full for filing, 
recording and indexing said notice and certificate and certify¬ 
ing to the same under seal. 

For laws concerning uniform system of bell signals in mines, 
see page 118, 1907 Session Laws of Arizona. Too long for this 
book. 


AN ACT VALIDATING MINING LOCATIONS. 

Section 1. That no relocation of an abandoned Mining Claim 
made prior to the 12th day of March, 1907, shall be held to be 
invalid upon the ground that the notice of relocation did not 
state that said claim was in part or in whole an abandoned 
mining claim. 

Section 2. This Act shall take effect and be in force from 
and after its passage. 

Approved March 18, 1909. 


MINING LAWS OF ARIZONA 


37 


ARIZONA FORM OF LOCATION NOTICE. 

NOTICE OF MINING LOCATION 
Lode Claim 

To All Whom It May Concern: 

This mining claim, the name of which is the.mining 

claim, situate on lands belonging to the United States of Amer¬ 
ica, and in which there are valuable mineral deposits, was en¬ 
tered upon and located for the purposes of exploration and 

purchase by. (Locator must insert either “a 

citizen of the United States,” or “who has declared his inten¬ 
tion to become a citizen of the United States”) the under¬ 
signed, on the.day of., 19.... 

The length of this claim is.feet, and. 

claim.feet, in a.direction and 

feet in a.direction from the center of the 

discovery shaft, at which this notice is posted, lengthwise of the 

claim, together with.feet in width of the surface 

grounds, on each side of the center of said claim. The general 


course of the lode deposit and premises is from the.to 

the... 

The claim is situated and located in the.mining 


district, in.County, in the Territory of Arizona, 

about.in a direction from. .. 


The surface boundaries of the claim are marked upon the 

ground as follows: Beginning at.at a point in a 

.direction.feet from the discovery 

shaft (at which this notice is posted,) being in the center of the 

.end line of said claim; thence. 

feet to a.., being the.corner of said 

claim; thence.feet to a.being at the 

.corner of said claim; thence.feet to 

a.at the center of the.end of said 

claim; thence.feet to a., being at the 

.corner of said claim; thence.feet to a 

.at the.corner of said claim; 

thence.feet to the place of beginning. 

All done under the provisions of Chapter Six, of Title 
XXXII, of the Revised Statutes of the United States, and of an 
act of the general assembly of Arizona, entitled “An Act to Re¬ 
vise and Codify the Laws of the Territory of Arizona,” ap¬ 
proved March 16, 1901. 

Dated and posted on the ground this.day of 

.. 19 .... 

Witness. 










































38 


MINING LAWS OF ARIZONA 


End 

Monument 

-0 


$3 5 
« a 


0 • 300 ft. 


So 

° 1 


End 

Monument 


This diagram is to give locator a general idea of plan of 
location under the new law. The Discovery Shaft can be in 
the center of claim or any distance from either end desired. In 
the diagram it is placed 500 feet from one end and 1000 feet 
from the other. Commence description of claim at a center 
end monument, giving its distance and direction from center of 
Discovery Shaft; thence bound the claim in either direction. 
In description be careful to state locality of claim with refer¬ 
ence to some natural object, or permanent monument, as will 
identify the claim. 



MINING LAWS OF ARIZONA 


39 


ARIZONA 

AFFIDAVIT OF LABOR PERFORMED AND IMPROVE¬ 
MENTS MADE. 

Territory of Arizona, 

County of.—ss. 

., being duly sworn, deposes and 

says that he is a citizen of the United States and more than 

twenty-one years of age, and resides at.in 

.County, Arizona Territory, and is personally 

acquainted with the mining claim known as. 

.mining claim, situate in.Mining 

District, County of., Arizona Territory, 

the location notice of which is recorded in the office of the 

County Recorder of said County, in Book.of 

records of Mines, at page.; that between the.day 

of., A. D. 19..., and the.day of.. ., 

A. D. 19..at least.dollars’ worth of work 

and improvements were done and performed upon said claim, 
not including the location work of said claim. Such work and 
improvements were made by and at the expense of. 


owner. . of said claim, for the purpose of complying with the 
law of the United States pertaining to assessment of annual 
work, and . 


were the men employed by said owner, .and who labored upon 
said claim, did said work and improvements, the same being as 
follows, to-wit: . 


Subscribed and sworn to before me this.day of 

.. A. D. 19.... 


Notary Public. 

(My commission expires.) 


































40 


MINING LAWS OF ARIZONA 


AFFIDAVIT OF LABOR PERFORMED AND IMPROVE¬ 
MENTS MADE ON GROUP OF CLAIMS. 

Territory of Arizona, County of ss. 

., being duly sworn deposes 

and says that he is a citizen- of the United States and more 

than twenty-one years of age, and resides at. 

in. County of Arizona Territory, and is 

personally acquainted with those certain mining claims and 


premises located and known as the.mining 

claim or lode, and the.mining claim or 


lode, both situated in the Vulture Mining District, County of 
Maricopa and Territory of Arizona, and notices of location of 
which mining claims and premises are recorded in the office 
of the County Recorder of said County of Maricopa, as follows, 

to-wit:. 

The location notice of said.mining claim 

in Book.., page., of Records of 

Mines, and the location notice of said.mining 

claim in Book.of Records of Mines at page. 

That between the.day of... 

A. D. 19..and the.day of., 

A. D. 19..., at least two hundred (200) dollars’ worth of 
work and improvements were done and performed upon said 
.mining claims, not including the loca¬ 
tion work of either of said.or. 

mining claims, which said two hundred (200) dollars’ worth 
of work was performed and done for the purpose of develop¬ 
ing both of said mining claims and to develop each of said 
mining claims, as both of said mining claims adjoin each other 
and are extensions of each other and the two said mining 
claims constitute one group; and the tendency of said work 
was to develop each and all of said mining claims; That 
said work and improvements were made by and at the expense 

..., one of the owners of said 

premises and mining claims for the purpose of complying with 
the laws of the United States and of the Territory of Arizona, 
pertaining to assessment or annual work, and. 


were the men employed by the said owner and who labored 
upon said mining claims and premises and who did said work 
and improvements, and said work so done upon said premises 
























MINING LAWS OF ARIZONA 


41 


is described as follows, to-wit: 


Subscribed and sworn to before me this.day of 

., A. D. 1904. 

My commission expires. 

Notary Public in and for the County 

of., Territory 

of Arizona. 

ARIZONA. 

NOTICE OF LOCATION OF PLACER CLAIM. 

For this form use the same given under California Laws. 

All location notices in this book can be purchased from the 
author. 









/ 


J. NELSON NEVIUS 

Mining Geologist 
and Engineer 


Technical reports on mines and prospects, placer 
testing and general consulting practice. 

Systematic development and management for companies. 
Thoroughly experienced in Mexican work. 

No stocks or promotion work. 


CODES: 

BEDFORD McNEILL and WESTERN UNION 


Sunset Main 2693. Home 11 79 


809 SOUTH LOS ROBLES AVENUE 
PASADENA, CALIFORNIA 








CALIFORNIA MINING LAWS 

(See also U. S. Mining Laws.) 


CIVIL CODE. 

Sec. 586. (Civil Code.) Any corporation organized in this 
State for the purpose of mining or carrying on mining opera¬ 
tions in or without this State, may establish v and maintain 
agencies in other states of the United States, for the transfer 
and issuing of their stock; and a transfer or issue of the same 
at any such transfer agency, in accordance with the provisions 
of its by-laws, is valid and binding as fully and effectually for 
all purposes as if made upon the books of such corporation at 
its principal office within this state. The agencies must be gov¬ 
erned by the by-laws and the directors of the corporation. 

142 Cal. 391; 127 Cal. 605; 92 Cal. 503. 

Sec. 587. (Civil Code.) All stock of any such corporation, 
issued at a transfer agency, must be signed by the president and 
secretary of the corporation, and countersigned at the time of 
its issue by the agent having charge of the transfer agency. No 
stock must be issued at a transfer agency unless the certificate 
of stock, in lieu of which the same is issued, is at the time sur¬ 
rendered for cancellation. 

Sec. 587a. (Civil Code.) It is lawful for two or more corpo¬ 
rations formed or that may hereafter be formed, under the laws 
of this state, for mining purposes, which own or possess mining 
claims or lands adjoining each other, or lying in the same vi¬ 
cinity, to consolidate their capital stock, debts, property, as¬ 
sets, and franchises, in such manner and upon such terms as 
may be agreed upon by the respective boards of directors or 
trustees of such corporations so desiring to consolidate their 
interests; but no such consolidation must take place without 
the written consent of the stockholders representing two-thirds 
of the capital stock of each corporation, and no such consolida¬ 
tion can, in any way, relieve such corporations, or the stock¬ 
holders thereof, from any and all just liabilities; and in case of 
such consolidation, due notice of the same must be given, by ad¬ 
vertising, for one month, in at least one newspaper in the 
county where the said mining property is situated, if there is 
one published therein, and also in one newspaper published in 
the county where the principal place of business of any of said 
corporation is. And when the consolidation is completed, a cer¬ 
tificate thereof, containing the manner and terms of such con¬ 
solidation, must be filed in the office of the county clerk of the 
county in which the original certificate of incorporation of each 
of said corporations is filed, and a copy thereof must be filed 



44 


MINING LAWS OF CALIFORNIA 


in the office of the secretary of state; such certificate must be 
signed by a majority of each board of trustees or directors of 
the original corporations, and it is their duty to call, within 
thirty days after the filing of such certificate, a meeting of the 
stockholders of all of said corporations so consolidated, to elect 
a board of trustees or directors for the consolidated corpora¬ 
tion, for the year thence next ensuing; and to cause notice of 
the time and place fixed for such meeting to be mailed to each 
stockholder of each of such corporations at his last known 
place of residence or business at least ten days before the time 
fixed for such meeting. The said certificate must also contain 
all the requirements prescribed by section two hundred and 
ninety. 

81 Cal. 378; 104 U. S. 450. 

Sec. 588. (Civil Code.) It is the duty of the secretary of 
every corporation formed for the purpose of mining, or con¬ 
ducting mining in California, whether such corporation be 
formed and organized under the laws of the State of California 
or of any other state, territory, or foreign country, to keep at 
some place within the State of California an office, and in such 
office to keep a complete set of books showing all receipts and 
expenditures of such corporation, the sources of such receipts, 
and the objects of such expenditures, and also all transfers of 
stock. All books and papers must, at all times during business 
hours, be open to the inspection of any stockholder. He is en¬ 
titled to be accompanied by an expert, and to make copies or 
extracts from any such books or papers. He may, at reasonable 
hours, examine such mining property, accompanied by an ex¬ 
pert, take samples, and make such other examination as he may 
deem necessary. It is the duty of the directors, on the second 
Monday of each and every month, to cause to be made an item¬ 
ized account or balance sheet for the previous month, embrac¬ 
ing a full and complete statement of all disbursements and re¬ 
ceipts, showing from what sources such receipts were derived, 
and to whom and for what object or purpose such disburse¬ 
ments or payments were made; also all indebtedness or liabili¬ 
ties incurred or existing at the time, and for what the same 
were incurred, and the balance of money, if any, on hand. Such 
account or balance sheet must be verified under oath by the 
president and secretary, and posted in some conspicuous place 
in the office of the company. It is the duty of the superintend¬ 
ent, on the first Monday of each month, to file with the secre¬ 
tary an itemized account, verified under oath, showing all re¬ 
ceipts and disbursements made by him for the previous month, 
and for what said disbursements were made. Such account 
must also contain a verified statement showing the number of 
men employed under him, and for what purpose, and the rate 
of wages paid to each. He must attach to such account a full 


MINING LAWS OF CALIFORNIA 


45 


and complete report, under oath, of the work done in said mine, 
the amount of - ore extracted, from what part of mine taken, 
the amount sent to mill for reduction, its assay value, the 
amount of bullion received, the amount of bullion shipped to 
the office of the company or elsewhere, and the amount, if any, 
retained by the superintendent. It is his duty to forward to 
the office of the company a full report, under oath, of all discov¬ 
eries of ores or mineral-bearing quartz made in said mine, 
whether by boring, drifting, sinking or otherwise, together 
with the assay value thereof. All accounts, reports and cor¬ 
respondence from the superintendent must be kept in some con¬ 
spicuous place in the office of said company, open to the inspec¬ 
tion of all stockholders. 

92 Cal. 580; 92 Cal. 503; 119 Cal. 358; 81 Cal. 231; 51 Fed. 

61. 

Sec. 589. (Civil Code.) Any stockholder of a corporation 
formed under the laws of this state for the purpose of mining, 
is entitled to visit, accompanied by his expert, and examine the 
mine or mines owned by such corporation, and every part 
thereof, at any time he may see fit; and when such stockholder 
applies to the president of such corporation, he must immedi¬ 
ately cause the secretary thereof to issue and deliver to such ap¬ 
plicant an order, under the seal of the corporation, directed to 
the superintendent, commanding him to show and exhibit such 
parts of said mine or mines as the party named in said order 
may desire to visit and examine. It is the duty of the superin¬ 
tendent, on receiving such order, to furnish such stockholder 
every facility for making a full and complete inspection of said 
mine or mines, and the workings therein, and to accompany 
said stockholder either in person, or to furnish some person 
familiar with said mine or mines to accompany him in his 
visit to and through such mine or mines, and every part thereof. 
If the superintendent fails to obey such order, such stockholder 
is entitled to recover, in any court of competent jurisdiction, 
against the corporation, the sum of one thousand dollars, and 
traveling expenses to and from the mine, as liquidated damages, 
together with costs of suit. In case of such refusal, it is the 
duty of the directors of the corporation forthwith to remove 
the officer so refusing, and thereafter he must not be employed 
directly or indirectly by the corporation, nor must any salary 
be paid to him. 

Sec. 590. (Civil Code.) In case of the refusal or neglect of 
the president to cause to be issued by the secretary the order 
mentioned in section five hundred and eighty-nine, such stock¬ 
holder is entitled to recover against said president the sum of 
one thousand dollars and costs, as provided in the last section. 
If the directors fail to have the reports and accounts current 
made and posted, as provided in section five hundred and 


46 


MINING LAWS OF CALIFORNIA 


eighty-eight, they are liable, either severally or jointly, to an 
action by any stockholder complaining thereof, and on proof of 
such refusal or failure, he may recover judgment for actual 
damages sustained by him, with costs of suit. Each of such de¬ 
faulting directors is also liable to removal for such neglect. 

72 Cal. 305; 89 Cal. 52; 119 Cal. 358; 135 Cal. 375; 92 Cal. 

580. 

Sec. 661. (Civil Code.) Fixtures attached to mines. Sluice- 
boxes, flumes, hose, pipes, railway tracks, cars, blacksmith 
shops, mills and all other machinery or tools used in working 
or developing a mine, are to be deemed affixed to the mine. 
(En. March 21, 1872.) 

76 Cal. 578; 118 Cal. 635; 118 Cal. 148; 14 Cal. 59; 24 Pac. 

920. 

Sec. 819. (Civil Code.) A tenant for years or at will, unless 
he is a wrong-doer by holding over, may occupy the buildings, 
take the annual product of the soil, work mines and quarries 
open at the commencement of his tenancy. 

101 Cal. 425; 115 Cal. 622. 

Sec. 1159. (Civil Code.) Judgments may be recorded with¬ 
out acknowledgment. Judgments affecting the title to or pos¬ 
session of real property authenticated by the certificate of the 
clerk of the court in which such judgments were rendered (and 
notices of location of mining claims), may be recorded without 
acknowledgment, certificate of acknowledgment or further 
proof. The record of all notices of location of mining claims 
heretofore made in the proper office without acknowledgment, 
or certificate of acknowledgment, or other proof, shall have the 
same force and effect for all purposes as if the same had been 
duly acknowledged, or proved and certified as required by law. 
Affidavits showing work or posting of notices upon mining 
claims may also be recorded in the recorder’s office of the coun¬ 
ty where such mining claims are situated. (En. March 21, 1872. 
Am’d. 1897, 97.) 

129 Cal. 361; 83 Cal. 187. 

Sec. 1424. (Civil Code.) Where hydraulic mining can be 
carried on. The business of hydraulic mining may be carried 
on within the State of California wherever and whenever the 
same can be carried on without material injury to the naviga¬ 
ble streams, or the lands adjacent thereto. (En. Stats. 1893, 
337.) 

81 Fed. 243; 88 Fed. 664; 79 Cal. 289; 66 Cal. 138. 

Sec. 1425. (Civil Code.) Meaning of hydraulic mining. 
Hydraulic mining within the meaning of this title, is mining by 
means of the application of water, under pressure, through a 


MINING LAWS OF CALIFORNIA 


47 


nozzle, against a natural bank. (En. Stats. 1893, 337.) 

Ill Cal. 571; 121 Cal. 662; 137 Cal. 432; 132 Cal. 297; 124 
Cal. 186. 

MINING ACT OF 1909. 

Title X, Part IV, Division II (New). 

(In effect from and after July 1, 1909. Stats. 1909, Chap. 225.) 

MINING CLAIMS. 

See. 1426. Mining claims; how located. 

Sec. 1426a. Boundaries. 

Sec. 1426b. Recordation. 

Sec. 1426c. Placer claims; how located. 

Sec. 1426d. Recordation. 

Sec. 1426e. Tunnel rights; how located. 

Sec. 1426f. Boundaries. 

Sec. 1426g. Recordation. 

Sec. 1426h. Defective location • how remedied. 

Sec. 1426i. When survey and certificate part of record. 
Sec. 1426j. Mill site; location of. 

Sec. 1426k. Recordation. 

Sec. 14261. Improvements. 

Sec. 1426m. Value of improvements; how established. 

Sec. 1426n. Recordation fee. 

Sec. 1426o. Notice of delinquency; how given. 

Sec. 1426p. Record of location as evidence. 

Sec. 1426q. Certified copies of records as evidence. 

Sec. 1426r. Construction. 

Sec. 1426s. Disqualification for failure to perform develop¬ 
ment work. 


Sec. 1426. (Mining claims; how located.) Any person, a 
citizen of the United States, or who has declared his intention 
to become such, who discovers a vein or lode of quartz, or other 
rock in place, bearing gold, silver, cinnabar, lead, tin, copper, 
or other valuable deposit, may locate a claim upon such vein 
or lode, by defining the boundaries of the claim, in the manner 
hereinafter described, and by posting a notice of such location, 
at the point of discovery, which notice must contain: First— 
The name of the lode or claim. Second—The name of the lo¬ 
cator or locators. Third—The number of linear feet claimed 
in length along the course of the vein, each way from the point 
of discovery, with the width on each side of the center of the 
claim, and the general course of the vein or lode, as near as 
may be. Fourth—The date of location. Fifth—Such a descrip¬ 
tion of the claim by reference to some natural object, or per¬ 
manent monument, as will identify the claim located. 

Sec. 1426a. (Boundaries.) The locator must define the 
boundaries of his claim so that they may be readily traced, and 



48 


MINING LAWS OF CALIFORNIA 


in no case shall the claim extend more than fifteen hundred 
feet along the course of the vein or lode, nor more than three 
hundred feet on either side thereof, measured from the center 
line of the vein at the surface. 

Sec. 1426b. (Recordation of.) Within thirty days after the 
posting of his notice of location upon a lode mining claim, the 
locator shall record a true copy thereof in the office of the 
county recorder of the county in which such claim is situated, 
for which service the county recorder shall receive a fee of one 
dollar. 

Sec. 1426c. (Placer claims; how located.) The location of a 
placer claim shall be made in the following manner: By post¬ 
ing thereon, upon a tree, rock in place, stone, post or monu¬ 
ment, a notice of location, containing the name of the claim, 
name of locator or locators, date of location, number of feet 
or acreage claimed, such a description of the claim by refer¬ 
ence to some natural object or permanent monument as will 
identify the claim located, and by marking the boundaries so 
that they may be readily traced; provided, that where the 
United States survey has been extended over the land embraced 
in the location, the claim may be taken by legal subdivisions 
and no other reference than those of said survey shall be re¬ 
quired and the boundaries of a claim so located and described 
need not be staked or monumented. The description by legal 
subdivisions shall be deemed the equivalent of marking. 

Sec. 1426d. (Recordation of.) Within thirty days after the 
posting of the notice of location of a placer claim, the locator 
shall record a true copy thereof in the office of the county 
recorder of the county in which such claim is situated, for 
which service the recorder shall receive a fee of one dollar. 

Sec. 1426e. (Tunnel right; how located.) The locator of a 
tunnel right or location shall locate his tunnel right or loca¬ 
tion by posting a notice of location at the face or point of 
commencement of the tunnel, which must contain: First— 
The name of the locator or locators. Second—the date of the 
location. Third—The proposed course or direction of the tun¬ 
nel. Fourth—A description of the tunnel, with reference to 
some natural object or permanent monument as shall identify 
the claim or tunnel right. 

Sec. 1426f. (Boundaries.) The boundary lines of the tunnel 
shall be established by stakes or monuments placed along the 
lines at an interval of not more than six hundred feet from 
the face or point of commencement of the tunnel to the ter¬ 
minus of three thousand feet therefrom. 

Sec. 1426g. (Recordation of.) Within thirty days after the 
posting of the notice of location of the tunnel right or location, 
the locator shall record a true copy thereof in the office of the 


MINING LAWS OF CALIFORNIA 


49 


county recorder of the county in which such claim is situated, 
for which service the recorder shall receive a fee of one dollar. 

Sec. 1426h. (Defective location; how remedied.) If at any 
time the locator of any mining claim heretofore or hereafter 
located, or his assigns, shall apprehend that his original loca¬ 
tion notice was defective, erroneous, or that the requirements 
of the law had not been complied with before filing; or in 
case the original notice was made prior to the passage of this 
act, and he shall be desirous of securing the benefit of this 
act, such locator, or his assigns, may file an additional notice, 
subject to the provisions of this act; provided, that such 
amended location notice does not interfere with the existing 
rights of others at the time of posting and filing such amended 
location notice, and no such amended location notice or the 
record thereof, shall preclude the claimant, or claimants, from 
proving any such title as he or they may have held under pre¬ 
vious locations. 

Sec. 1426i. (When survey and certificate part of record.) 
Where a locator, or his assigns, has the boundaries and corners 
of his claim established by a United States deputy mineral 
survey, or a licensed surveyor of this state, and his claim con¬ 
nected with the corner of the public or minor surveys of an 
established initial point, and incorporates into the record of 
the claim, the field notes of such survey, and attaches to and 
files with such location notice a certificate of the surveyor, 
setting forth: First, that said survey was actually made by 
him, giving the date thereof. Second, the name of the claim 
surveyed and the location thereof. Third, that the description 
incorporated in the declaratory statement is sufficient to iden¬ 
tify; such survey and certificate becomes a part of the record, 
and such record is prima facie evidence of the facts therein 
contained. 

Sec. 1426j. (Mill site; how located.) The proprietor of a 
vein or lode claim or mine, or the owner of a quartz mill or re¬ 
duction works, or any person qualified by the laws of the 
United States, may locate not more than five acres of non¬ 
mineral land as a mill site. Such location shall be made in 
the same manner as hereinbefore required for locating placer 
claims. 

Sec. 1426k. (Recordation.) The locator of a mill site claim 
or location shall, within thirty days from the date of his loca¬ 
tion, record a true copy of his location notice with the county 
recorder of the county in which such location is situated, for 
which service the recorder shall receive a fee of one dollar. 

Sec. 14261. (Improvements.) The amount of work done or 
improvements made during each year to hold possession of a 
mining claim shall be that prescribed by the laws of the United 
States, to-wit: One hundred dollars annually. 


50 


MINING LAWS OF CALIFORNIA 


Sec. 1426m. (Value of improvements; how established.) 
Whenever mine owner, company or corporation shall have per¬ 
formed the labor and made the improvements required by law 
upon any mining claim, the person in whose behalf such labor 
was performed or improvements made, or someone in his be¬ 
half, shall, within thirty days after the time limited for per¬ 
forming such labor or making such improvements, make and 
have recorded by the county recorder, in books kept for that 
purpose, in the county in which such mining claim is situated, 
an affidavit setting forth the value of labor or improvements 
made, the name of the claim, and the name of the owner or 
claimant of said claim at whose expense the same was made 
or performed. Such affidavit, or a copy thereof, duly certified 
by the county recorder, shall be prima facie evidence of the 
performance of such labor or the making of such improve¬ 
ments, or both. 

Sec. 1426n. (Recordation fee.) For recording the affidavit 
herein required, the county recorder shall receive a fee of fifty 
cents. 

Sec. 1426o. (Notice of delinquency; how given.) When¬ 
ever a co-owner or co-owners of a mining claim shall give to 
a delinquent co-owner or co-owners the notice in writing or 
notice by publication provided for in section 2324, Revised 
Statutes of the United States, an affidavit of the person giving 
such notice, stating the time, place, manner of service, and by 
whom and upon whom such service was made, shall be attached 
to a true copy of such notice, and such notice and affidavit 
must be recorded in the office of the county recorder, in books 
kept for that purpose, in the county in which the claim is sit¬ 
uated, within ninety days after the giving of such notice; for 
the recording of which said recorder shall receive the same 
fees as are now allowed by law for recording deeds; or if such 
notice is given by publication in a newspaper, there shall be 
attached to a printed copy of such notice an affidavit of the 
printer or his foreman, or principal clerk of such paper, stat¬ 
ing the date of the first, last and each insertion of such notice, 
therein, and where the newspaper was published during that 
time, and the name of such newspaper. Such affidavit and no¬ 
tice shall be recorded as aforesaid, within one hundred and 
eighty days after the first publication thereof. The original 
of such notice and affidavit, or a duly certified copy of the 
record thereof, shall be prima facie evidence that the delin¬ 
quent mentioned in section 2324 has failed or refused to con¬ 
tribute his proportion of the expenditure required by that sec¬ 
tion, and of the service of publication of said notice; provided, 
the writing or affidavit hereinafter provided for is not of rec¬ 
ord. If such delinquent shall, within the ninety days required 
by section 2324, aforesaid, contribute to his co-owner or co- 


MINING LAWS OF CALIFORNIA 


51 


owners, his proportion of such expenditures, and also all costs 
of service of the notice required by this section, whether in¬ 
curred for publication charges, or otherwise, such co-owner or 
co-owners shall sign and deliver to the delinquent or delin¬ 
quents a writing, stating that the delinquent or delinquents by 
name has within the time required by section 2324, aforesaid, 

contributed his share for the year., upon the. 

mine, and further stating therein the district, county and state 
wherein the same is situated, and the book and page where 
the location notice is recorded, if said mine was located under 
the provisions of this act; such writing shall be recorded in 
the office of the county recorder of said county, for which he 
shall receive the same fees as are now allowed by law for re¬ 
cording deeds. If such co-owner or co-owners shall fail to sign 
and deliver such writing to the delinquent or delinquents with¬ 
in twenty days after such contribution, the co-owner or co¬ 
owners so failing as aforesaid shall be liable to the penalty of 
one hundred dollars to be recovered by any person for the 
use of the delinquent or delinquents in any court of competent 
jurisdiction. If such co-owner or co-owners fail to deliver such 
writing within said twenty days, the delinquent, with two dis¬ 
interested persons having personal knowledge of such contri¬ 
bution, may make affidavit setting forth in what manner, the 
amount of, to whom, and upon what mine, such contribution 
was made. Such affidavit, or a record thereof, in the office of 
the county recorder, of the county in which such mine is sit¬ 
uated, shall be prima facie evidence of such contribution. 

Sec. 1426p. (Record of location as evidence.) The record 
of any location of a mining claim, mill site or tunnel right, in 
the office of the county recorder, as herein provided shall be 
received in evidence, and have the same force and effect in 
the courts of the state as the original notice. 

Sec. 1426q. (Certified copies of records as evidence.) Cop¬ 
ies of the records of all instruments required to be recorded by 
the provisions of this act, duly certified by the recorder, in 
whose custody such records are, may be read in evidence, under 
the same circumstances and rules as are now, or may be here¬ 
after provided by law, for using copies of instruments relating 
to real estate, duly executed or acknowledged or proved and 
recorded. 

1426r. (Construction existing; mining districts and regu¬ 
lations not affected.) The provisions of this act shall not in 
any manner be construed as affecting or abolishing any min¬ 
ing district or the rules and regulations thereof within the 
State of California. 

Sec. 1426s. (Disqualification for failure to perform develop¬ 
ment work.) The failure or neglect of any locator of a mining 




52 


MINING LAWS OF CALIFORNIA 


claim to perform development work of the character, in the 
manner and within the time required by the laws of the United 
States, shall disqualify such locators from relocating the ground 
embraced in the original location or mining claim or any part 
thereof under the mining laws, within three years after the 
date of his original location and any attempted relocation 
thereof by any of the original locators shall render such loca¬ 
tion void. 

Sec. 2. All acts and parts of acts in conflict with this act, 
are hereby repealed. Civ. Code, 1909. 

Sec. 2511. When a mining partnership exists. A mining 
partnership exists when two or more persons who own or ac¬ 
quire a mining claim for the purpose of working it and ex¬ 
tracting the mineral therefrom actually engage in working the 
same. (En. March 21, 1872.) 

107 Cal. 504; 128 Cal. 120; 121 Cal. 213; 127 Cal. 520; 89 
Cal. 367; 112 Cal. 380. 

Sec. 2512. (Civil Code.) Express agreement not necessary 
to constitute. An express agreement to become partners or to 
share the profits and losses of mining is not necessary to the 
formation or existence of a mining partnership. The relation 
arises from the ownership of shares or interests in the mine 
and working the same for the purpose of extracting the min¬ 
erals therefrom. (En. March 21, 1872.) 

127 Cal. 520; 42 Cal. 367; 107 Cal. 504. 

Sec. 2513. (Civil Code.) Profits and losses, how shared. 
A member of a mining partnership shares in the profits and 
losses thereof in the proportion which the interest or share he 
owns in the mine bears to the whole partnership capital or 
whole number of shares. (En. March 21, 1872.) 

89 Cal. 367. 

Sec. 2514. (Civil Code.) Lien of partners. Each member 
of a mining partnership has a lien on the partnership property 
for the debts due the creditors thereof, and for money advanced 
by him for its use. This lien exists notwithstanding there is 
an agreement among the partners that it must not. (En. March 
21 1872 ) 

144 Cal. 771; 89 Cal. 367; 66 Cal. 577. 

Sec. 2515. (Civil Code.) Mine-Partnership property. The 
mining ground owned and worked by partners in mining, 
whether purchased with partnership funds or not, is partner¬ 
ship property. (En. March 21, 1872.) 

24 Cal. 569; 28 Cal. 569. 

Sec. 2516. Partnership not dissolved by sale of interest. 
One of the partners in a mining partnership may convey his 


MINING LAWS OF CALIFORNIA 


53 


interest in the mine and business without dissolving the part¬ 
nership. The purchaser from the date of his purchase becomes 
a member of the partnership. (En. March 21, 1872.) 

112 Cal. 380; 42 Cal. 367; 19 Cal. 120. 

Sec. 2517. (Civil Code.) Purchaser takes, subject to liens, 
unless, etc. A purchaser in an interest in the mining ground 
of a mining partnership takes it subject to the liens existing in 
favor of the partners for debts due all creditors thereof, or 
advances made for the benefit of the partnership, unless he 
purchased in good faith, for a valuable consideration, without 
notice of such lien. (En. March 21, 1872.) 

Sec. 2518. (Civil Code.) Takes with notice of lien, when. 
A purchaser of the interest of a partner in a mine when the 
partnership is engaged in working it, takes with notice of all 
liens resulting from the relation of the partners to each other 
and to the creditors of the partnership. (En. March 21, 1872.) 

42 Cal. 180; 42 Cal. 636. 

Sec. 2519. (Civil Code.) Contract in writing, when bind¬ 
ing. No member of a mining partnership or other agent or 
manager thereof can, by a contract in writing, bind the part¬ 
nership, except by express authority derived from the members 
thereof. (En. March 21, 1872.) 

42 Cal. 367; 42 Cal. 180; 23 Cal. 198. 

Sec. 2520. (Civil Code.) Owners of majority of shares 
govern. The decision of the members owning a majority of the 
shares or interests in a mining partnership binds it in the con¬ 
duct of its business. (En. March 21, 1872.) 

89 Cal. 367; 42 Cal. 180. 

Sec. 2955. This section provides that mining machinery 
may be chattel mortgaged. 

CODE OF CIVIL PROCEDURE. 

Sec. 690. (Code of Civil Proc.) Exemption from Executions. 

5. The cabin or dwelling of a miner, not exceeding in value 
the sum of five hundred dollars; also his sluices, pipes, hose, 
windlass, derrick, cars, pumps, tools, implements, and appli¬ 
ances necessary for carrying on any mining operations, not 
exceeding in value the aggregate sum of five hundred dollars; 
and two horses, mules, or oxen with their harness, and food 
for such horses, mules or oxen for one month, when necessary 
to be used on any whim, windlass, derrick, car pump, or hoist¬ 
ing gear; and also his mining claim, actually worked by him, 
not exceeding in value the sum of one thousand dollars. 

Sec. 738. Code of Civil Proc., provides for an action to quiet 
title, with right of trial by jury. Under this section an action 


54 


MINING LAWS OF CALIFORNIA 


may be brought to quiet title to mining property by any per¬ 
son in possession. 

Sec. 742. (Code of Civil Proc.) An order may be made to 
allow a party to survey and measure the land in dispute. The 
court in which an action is pending for the recovery of real 
property, or for damages for an injury thereto, or a judge 
thereof, may, on motion, upon notice by either party, for good 
cause shown, grant an order allowing to such party the right to 
enter upon the property and make survey and measurement 
thereof, and of any tunnels, shafts, or drifts therein, for the 
purpose of the action, even though entry for such purpose has 
to be made through other lands, belonging to parties to the 
action. (En. March 11, 1872. Am’d 1880, 11.) 

Sec. 743. (Code of Civil Proc.) Order, what to contain, 
and how served. If unnecessary injury done, the party survey¬ 
ing to be liable therefor. The order must describe the property, 
and a copy thereof must be served on the owner or occupant; 
and thereupon such party may enter upon the property, with 
necessary surveyors and assistants, and make such survey and 
measurement; but if any unnecessary injury be done to the 
property, he is liable therefor. (En. March 11, 1872.) 

Sec. 748. (Code of Civil Proc.) Mining Claims, actions con¬ 
cerning to be governed by local rules. In actions respecting 
mining claims, proofs must be admitted of the customs, usages 
or regulations established and in force at the bar or diggings 
embracing such claim; and such customs, usages or regulations, 
when not in conflict with the laws of this state, must govern 
the decision of the action. (En. March 11, 1872.) 

69 Cal. 383; 31 Cal. 393. 

Secs. 1183 to 1203. (Code of Civil Proc.) These sections 
provide for liens for mechanics, material men, contractors, min¬ 
ers and others for labor done on mining claims or material fur¬ 
nished, etc., for recording of such liens and their enforcement 
in court. 

Reference is here made to said sections for terms of con¬ 
tract, etc. 

Secs. 1204 to 1207, inclusive. (Code of Civil Proc.) Provide, 
in cases of assignment of mining companies, for liens on min¬ 
ing claims and procedure to collect same. 

EMINENT DOMAIN. 

Sec. 1238. (Code of Civil Proc.) Purposes for which it may 
be exercised. Subject to the provisions of this title, the right 
of eminent domain may be exercised in behalf of the following 
public uses. 

5. Roads, tunnels, ditches, flumes, pipes and dumping places 
for working mines; also outlets, natural or otherwise, for the 
flow, deposit or conduct of tailings or refuse matter from mines; 
also an occupancy in common by the owners or possessors of 


MINING LAWS OF CALIFORNIA 


55 


different mines of any place for the flow, deposit or conduct 
of tailings or refuse matter from their several mines. 

6. By-roads leading from highways to residences, farms, 
mines, mills, factories and buildings for operating machinery, 
or necessary to reach any property used for public purposes. 

12. Canals, reservoirs, dams, ditches, flumes, aqueducts, 
pipes and outlets, natural or otherwise, from sources other 
than a navigable lake, for supplying, storing and discharging 
water for or in connection with the operation of machinery 
for the purposes of generating and transmitting electricity for 
the supply of mines, quarries, railroads, tramways, mills and 
factories with electric power; and also for the supplying of 
electricity to light or heat mines, quarries, mills, factories, in¬ 
corporated cities and counties, villages or towns; and also for 
furnishing electricity for lighting, heating or power purposes 
to individuals or corporations, together with lands, buildings 
and all other improvements in or upon which to erect, install, 
place, use or operate machinery for the purpose of generating 
and transmitting electricity for any of the purposes or uses 
above set forth. 

108 Cal. 90; 73 Cal. 485; 63 Cal. 73. 

Sec. 1580. (New in 1909.) This section went into effect 
May 19th, 1909, and gives the proceedings necessary to be 
taken by an executor, administrator or guardian of a minor or 
incompetent person for the sale of mining claims belonging to 
an estate, a minor or an incompetent person. This section is 
too long to insert here, but may be found in the California 
Session Laws of 1909, or in the Code of Civil Procedure, edition 
of 1909. 

Sec. 1925. (Code of Civil Proc.) Certificates of purchase 
primary evidence of ownership. A certificate of purchase or of 
location of any lands in this state, issued or made in pursuance 
of any law of the United States or of this state, is primary 
evidence that the holder or assignee of such certificate is the 
owner of the land described therein; but this evidence may be 
overcome by proof that at the time of the location or time of 
filing a pre-emption claim on which the certificate may have 
been issued, the land was in the adverse possession of the ad¬ 
verse party, or those under whom he claims, or that the adverse 
party is holding the land for mining purposes. (En. March 11, 
1872.) 

91 Cal. 544; 125 Cal. 405; 87 Cal. 299. 

Sec. 1927. (Code of Civil Proc.) Whenever any patent for 
mineral lands within the State of California, issued or granted 
by the United States of America, shall contain a statement of 
the date of the location of a claim or claims, upon which the 
granting or issuance of such patent is based, such statement 
shall be prima facie evidence of the date of such location. 

(Act approved March 16, 1872. Stats. 1871, page 413.) 


56 


MINING LAWS OF CALIFORNIA 


For the Protection of Miners. 

Sec. 1. It shall not be lawful for any corporation, asso¬ 
ciation, owner, or owners of any quartz mining claims within 
the State of California, where such corporation, association, 
owner or owners employ twelve men daily, to sink down into 
such mine or mines any perpendicular shaft or incline beyond a 
depth from the surface of three hundred feet without providing 
a second mode of egress from such mine, by shaft or tunnel, 
to connect with the main shaft at a depth of not less than one 
hundred feet from the surface. 

Modes of Escape. 

Sec. 2. It shall be the duty of each corporation, association, 
owner or owners of any quartz mine or mines in this state, 
where it becomes necessary to work such mines beyond the 
depth of three hundred feet, and where the number of men 
employed therein daily shall be twelve or more, to proceed to 
sink another shaft or construct a tunnel so as to connect with 
the main working shaft of such mine as a mode of escape from 
underground accident, or otherwise. And all corporations, as¬ 
sociations, owner or owners of mines, as aforesaid, working at 
a greater depth than three hundred feet, not having any other 
mode of egress than from the main shaft, shall proceed as here¬ 
in provided. 

Liabilities. 

Sec. 3. When any corporation, association, owner or owners 
of any quartz mine in this state shall fail to provide for the 
proper egress, as herein contemplated, and where any accident 
shall occur, or any miner working therein shall be hurt or in¬ 
jured, and from such injury might have escaped if the second 
mode of egress had existed, such corporation, association, owner 
or owners of the mine where the injuries shall have occurred 
shall be liable to the person injured in all damages that may 
accrue by reason thereof; and an action at law in a court of 
competent jurisdiction may be maintained against the owner or 
owners of such mine, which owners shall be jointly or severally 
liable for such damages. And where death shall ensue from in¬ 
juries received from any negligence on the part of the owners 
thereof, by reason of their failure to comply with any of the 
provisions of this act, the heirs or relatives surviving the de¬ 
ceased may commence an action for the recovery of such dam¬ 
ages, as provided by an act entitled An Act Requiring Compen¬ 
sation for Causing Death by Wrongful Act, Neglect or Default, 
Approved April twenty-sixth, eighteen hundred and sixty-two. 

Sec. 4. This act shall take effect arid be in force six months 
from and after its passage. 


MINING LAWS OF CALIFORNIA 


57 


ACT OF MARCH 31, 1891. 

Easement and Drainage of Mines in the State of California. 

Sec. 1. Whenever any mine-owner, company or corpo¬ 
ration shall have performed the labor and made the improve¬ 
ments required by law for the location and ownership of min¬ 
ing claims or lodes, such owner, company or corporation shall 
file or cause to be filed, within thirty days after the time lim¬ 
ited for performing such labor, or making such improvements, 
with the county recorder of deeds of the county in which the 
mine or claim is situated, an affidavit, particularly describing 
the labor performed and improvements made, and the value 
thereof, which affidavit shall be prima facie evidence of the 
facts therein stated. Upon the failure of any claimant or mine- 
owner to comply with the conditions of this act in the perform¬ 
ance of labor, or making of improvements upon any claim, mine 
or mining ground, the claim or mine upon which such failure oc¬ 
curred shall be open to relocation in the same manner as if no 
location of the same had ever been made. But if, previous to 
relocation, the original locators, their heirs, assigns or legal 
representatives, resume work upon such claim, and continue the 
same with reasonable diligence until the required amount of 
labor has been performed or improvements made, and the re¬ 
quired statement of accounts and affidavits filed with the county 
recorder, then the claim shall not be subject to relocation be¬ 
cause of previous failure to file accounts. Upon the failure of 
any one of the several co-owners to contribute his portion of the 
expenditures required hereby, the co-owners who have per¬ 
formed the labor or made the improvement may, at the expi¬ 
ration of the year, give such delinquent co-owner personal no¬ 
tice, in writing, or by publication in the newspaper published 
nearest the claim for at least once a week for ninety days; and 
if, at the expiration of ninety days after such notice in writing 
or publication, such delinquent should fail or refuse to con¬ 
tribute his portion of the expenditures required by this section, 
his interests in the claim become the property of his co-owners, 
who made the required expenditures. A copy of such notice, 
together with an affidavit showing personal service or publica¬ 
tion, as the case may be, of such notice, when filed or recorded 
with the recorder of deeds of the county in which such mining 
claim is situated, shall be evidence of the acquisition of title 
of such co-owners. Where a person or company has or may 
run a tunnel or cuts for the purpose and in good faith for the 
purpose of developing a lode, lodes or claims owned by said 
person or company or corporation, the money so expended in 
running said tunnel shall be taken and considered as expended 
on said lodes or claims; provided further, that said lode, claim 
or claims shall be distinctly marked on the surface, as provided 
by law. 


58 


MINING LAWS OF CALIFORNIA 


Sec. 2. All mining locations and mining claims shall be 
subject to a reservation of the right of way through or over any 
mining claims, ditches, roads, canals, cuts, tunnels, and other 
easements for the purpose of working other mines; provided, 
that any damage occasioned thereby shall be assessed and 
paid for in the manner provided by law for land taken for pub¬ 
lic use under the right of eminent domain. 

Sec. 3. This act shall take effect immediately. 

Harris v. Kellogg, 117 Cal. 484. 

ACT OF MARCH 20, 1903. 

Section 1. Provides that all abandoned mining shafts shall 
be fenced. 

Sec. 2. Provides that boards of supervisors may cause 
shafts on unoccupied public land to be fenced. 

Sec. 3. Provides that removing covering or fencing over 
mining shafts shall be a misdemeanor. 

Act 483 to be found in the Session Laws of 1875, at page 853, 
provided for the Recording of Mining Claims in Calaveras 
county. (142 Cal. 411.) 

Act 2223 of March 27, 1874. For the Protection of Coal 
Mines and Coal Miners, can be found in the Session Laws of 
California, 1873-4, at page 726. 

Act 2225, of March, 1893, provides for a uniform system of 
mine bell signals to be used in all mines operated in the State 
of California. (California Laws 1893, page 82.) 

Act 2226 of March 24, 1893, provides for the appointment, 
duties and compensation of a Debris Commissioner, and makes 
an appropriation to be expended in the discharge of his duties 
as such commissioner. 

This act can be found in the Session Laws of California, of 
1893, page 339; of 1897, page 169; of 1901, pages 284 and 564; 
and in full as amended in General Laws of California, Act No. 
2226. 

Act 2227. (General Laws.) This provides that public 
lands of California, Secs. 16 and 36, are open to mineral entry. 

Act 2228. To regulate the rights of owners of mines. 

This act gave rights of way to miners, and places of deposits. 
It has not been repealed in terms, but as County Courts have 
been abolished, it is probably not in force. It can be found 
in Statutes of California, 1869-70, of page 569. 

CALIFORNIA HYDRAULIC MINING. 

For provisions of an Act to create the California Debris Com¬ 
mission and regulate Hydraulic Mining in California. 

See Act of Congress, March 1, 1893, ch. 183; 27 U. S. Stat. 
at Large 507; also Amendment of February 27, 1907, 
in 34 Stat. at Large, page 1001. 


MINING LAWS OF CALIFORNIA 


59 


EIGHT HOUR LAW. 

(Approved March 10th, 1909.) 

Section 1. Provides that persons engaged in work in under¬ 
ground mines, shall not exceed eight hours in any twenty-four 
hours, except in case of emergency. 

Sec. 2. Provides a penalty for anyone violating the act, 
laborer or employer. 

MINERALS IN LAKES AND STREAMS. 

AN ACT REGULATING THE EXTRACTION OF MINER¬ 
ALS FROM THE WATERS OF ANY STREAM OR LAKE 
AND PROHIBITING THE EXTRACTION OF MINERALS 
FROM SAID WATERS EXCEPT UNDER LEASE FROM OR 
EXPRESS PERMISSION OF THE STATE FOR A PERIOD 
NOT EXCEEDING TWENTY-FIVE YEARS. 

(Approved April 14, 1911.) 

Section 1. Minerals contained in the waters of any stream 
or lake in this state shall not be extracted from said waters 
except upon charges, terms and conditions prescribed by law. 
No person, firm, corporation or association shall hereafter 
gain the right to extract or cause to be extracted said minerals 
from said waters by user, custom, prescription, appropriation, 
littoral rights, riparian rights, or in any manner other than by 
lease from or express permission of the state as prescribed by 
law; and no such lease or permission shall be granted for a 
longer period than twenty-five years. 

Sec. 2. All acts or parts of acts in conflict herewith are 
hereby repealed. 

Sec. 3. This act shall take effect immediately. 

ACT CREATING A ‘‘CONSERVATION COMMISSION,” ETC. 

(Approved April 8, 1911.) 

This act provides for the appointment by the Governor of a 
“Conservation Commission of the State of California,” to con¬ 
sist of three persons, serving without pay. The duties of such 
commission are to investigate the laws of the United States and 
foreign nations, etc., upon the subjects of forestry, water, 
electricity, power, mines and mining, etc., and to prepare and 
recommend to the legislature laws on such subjects—(Too 
long for this book—See Session Laws of 1911). 

GRAND LARCENY FROM MINE. 

(Act of March 20th, 1872. Peering’s Penal Code, p. 833.) 

Section 1. Every person who shall feloniously steal, take 
and carry away, or attempt to take, steal, and carry from any 
mining claim, tunnel, sluice, under-current, riffle-box, or sul¬ 
phurate (sulphuret) machine any gold-dust, amalgam, or quick- 


60 


MINING LAWS OF CALIFORNIA 


silver, the property of another, shall be deemed guilty of grand 
larceny, and upon conviction thereof shall be punished by im¬ 
prisonment in the state prison for any term of not less than one 
year nor more than fourteen years. 

Act Takes Effect When. 

Sec. 2. This act shall be in force from and after its passage. 

An act prohibiting the unnecessary wasting of natural gas into 
the atmosphere; providing for the capping or otherwise 
closing of wells from which natural gas flows; and provid¬ 
ing penalties for violating the provisions of this act. 

(Approved March 25, 1911.) 

Section 1. All persons, firms, corporations and associations 
are hereby prohibited from wilfully permitting any natural gas 
wastefully to escape into the atmosphere. 

Sec. 2. All persons, firms, corporations or associations dig¬ 
ging, drilling, excavating, constructing or owning or controlling 
any well from which natural gas flows shall upon the aban¬ 
donment of such well, cap or otherwise close the mouth of or 
entrance to the same in such a manner as to prevent the 
unnecessary or wasteful escape into the atmosphere of such 
natural gas. And no person, firm, corporation or association 
owning or controlling land in which such well or wells are 
situated shall wilfully permit natural gas flowing from such 
well or wells, wastefully or unnecessarily to escape into the 
atmosphere. 

Sec. 3. Any person, firm, corporation or association who 
shall wilfully violate any of the provisions of this act shall be 
deemed guilty of a misdemeanor, and upon conviction thereof 
shall be punished by a fine of not more than one thousand 
dollars or by imprisonment in the county jail for not more 
than one year, or by both such fine and imprisonment. 

Sec. 4. For the purposes of this act each day during which 
natural gas shall be wilfully allowed wastefully or unneces¬ 
sarily to escape into the atmosphere shall be deemed a separate 
and distinct violation of this act. 

Sec. 5. All acts or parts of acts in conflict herewith are 
hereby repealed. 

Sec. 6. This act shall take effect immediately. 

NOTICE OF QUARTZ LODE LOCATION. 

Notice is hereby given, That I,., 

a citizen of the United States, have discovered a vein of rock 
in place, carrying gold, silver, copper, and other valuable de¬ 
posits, upon which I have erected a discovery monument and 
posted this notice, as hereinafter set forth; that in accordance 
with the provision of Chapter 6, Title 32 of the Revised Stat¬ 
utes of the United States and the laws of the State of Cali- 



MINING LAWS OF CALIFORNIA 


61 


tornia, I hereby claim fifteen hundred linear feet of said vein, 
measured thereon as hereinafter set forth. Said discovery 

was made on the.day of., 

19.... Immediately upon making the same, and on the. 

day of.. 19. .., I erected at the point of dis¬ 

covery, a substantial monument, consisting of a mound of rocks 
and.. posted thereon this notice. 

The * general course of said vein is.and. 

I claim in length thereon.feet. and... . 

feet.from said discovery monument. I also claim 

three hundred feet on each side of the center of the vein. This 

vein or claim shall be known as and called the. 

It is situated in.Mining District, and in f 

Sec.., Tp.., R.S. B. M., in. 

County, California, and the discovery monument. 

being placed about §. 

from . 

That the following is a description of said location as marked 

on the ground; f commencing at the..... 

of said claim, a..from which 

initial point the discovery monument is distant about. 

feet in a.direction;.thence|| 


Dated and posted on the ground, this.day of 

., 19 .... 

Witness. 


Locators. 


*Make this description in accordance with the facts, as “The general course of 
said vein is north and south. I claim in length thereon 500 feet north and 1000 
feet south from said discovery monument.’’ 

tIf the claim is upon surveyed land, give the section, township and range, if 
possible. This is not required by law, but makes a much better description. 

§Here refer to some natural object or permanent monument so as to identify the 
locality of the claim, in compliance with section 2324, Revised Statutes U. S. A 
road, house, tree, known mountain or peak, government corner, mill, or known 
mining claim, are such objects or monuments. As, “About one mile directly east 
from Jim Budd’s quartz mill and 400 rods west from the Lone Star mine,’’ etc. 

{Here state: “Commencing at the N. E. corner of said claim, a mound of rocks 
4 ft. high,’’ or at any other corner or point in the boundary; give the distance 
and direction from this initial monument to the discovery monument, and then 
locate the discovery with reference to some natural object or permanent monument. 

||Here follows a description of the claim from the initial monument. For in¬ 
stance: “Thence 600 ft. northwesterly to the N. W. corner of said claim, at 
which point is a mound of rocks 2Vz ft. high, marked so-and-so (if marked); 
thence 1500 ft. southwesterly to the S. W. corner of said claim, being a mound of 
rocks,’’ etc.; so going around the claim to the point of beginning. 

NOTICE OF LOCATION OF PLACER CLAIM. 

Notice is hereby given, That., 

citizen. . of the United States, h. . this.day of 

.. 19..., discovered a valuable placer deposit 

within the limits of this claim; that by virtue of said dis¬ 
covery, ... 

ha., located, and hereby locate and claim the following de- 






































62 


MINING LAWS OF CALIFORNIA 


scribed land, situate in.Mining District,. 

County, California, to-wit: * . 

of section., Township., Range., 

S. B. M., containing.acres, f Said claim is 

hereby named.Placer Claim. Said claim 

is marked upon the ground as follows: J. 

This notice is posted on a mound of rocks at the point of 

discovery, situated §. 

Dated and posted on the ground, this. .. .day of., 19. . .. 

I!. 


Locator. 

For form of Mill Site Location Notice, see U. S. Mining Laws. 

For form of Affidavit of Annual Labor, see end of Arizona 
Mining Laws. 

For form of Notice of Forfeiture, see U. S. Mining Laws, at 
end thereof. 

*The statute provides that the locator must give “a description of the claim by 
reference to legal subdivisions of sections, if the location is made in conformity 
with the public surveys; otherwise a description with reference to some natural 
object or permanent monument as will identify the claim.” 

tWhen not described by legal subdivisions, the description should conform to 
that contained in the final certificate of location of a lode claim. 

JThe statute provides that, whether described by legal subdivisions or not, the 
location shall be marked by the locator on the ground, and as the affidavit to be 
filed later is not required to contain a description of the claim, we think this 
notice should state how the location is marked; as, for instance, ‘‘At the N. E. 
corner of said tract a mound of rocks 3 ft. high, marked so-and-so (if marked), 
and at the N. W. corner a stake in a mound of rocks, marked,” etc., and so on 
for each monument enclosing the claim. 

§Here state where the discovery is located, as, for instance, ‘‘20 ft. S. W. of 
the N. E. corner monument.” 

11A duplicate of this notice must be filed for record with the county recorder 
within thirty days from the discovery; and the locator is allowed thirty days to 
mark his location on the ground. 
















(Eljamber af mb 


C' 

of ‘jfios ( &t\Qe[t&, (Ealtforttm 



A CIVIC ORGANIZATION 

WORKING 365 DAYS EACH YEAR IN THE INTEREST OF 
THE MINING AND OIL MEN OF THE SOUTHWEST 

The objects for which it is established are: 

To foster and encourage all branches of the mining 
and oil industries. 

To stimulate commercial relations between the city 
of Los Angeles and the mining sections and oil fields. 

To aid in the development of the mineral resources 
of the Southwest. 

To assist in placing the mining and oil industries 
upon a substantial basis, and to eliminate “wild cats.” 

To investigate mining and oil properties and the per¬ 
sonnel of their promoters, and to issue certificates 
thereon. 

The following Officers and Directors give, without 
compensation, their time to the Chamber: 


RUSS AVERY, President 
S. E. VERMILYEA, Vice-President 
W. C. KENNEDY, Second Vice-President 
MARK G. JONES, Treasurer 


Ralph Arnold 
S. G. Bailie 
R. S. Baverstock 
Frank W. Black 
J. M. Danziger 
Rol King 
E. J. Levy 
Jos. A. Lewis 


D. F. McGarry 
Theodore Martin 

E. A. Montgomery 
J. F. Mullin 

J. Nelson Nevius 
J. V. Vickers 
M. H. Whittier 
Calvert Wilson 


Address all communications to 

G. M. SWINDELL, SECRETARY 

Third Floor Germain Bldg., 224 S. Spring St. 
Los Angeles, Cal. 

WHEN IN LOS ANGELES MAKE YOUR HEADQUARTERS AT THE 
CHAMBER OF MINES AND OIL 









R. S. Baverstock H. L. Payne E. F. Staples 

Baverstock, Staples & Payne 


Chemists, Assayers and 
Metallurgists 


Assaying 


The best equipped office in the West. Special 
attention to Rare Metals and Minerals. 


Cyaniding, Amalgamation and Concen- 
V/IC 1 I Calffl“III tration tests. Special processes for 
Metallurgical treatment 


A COMPLETE CHEMICAL LABORATORY 


Oil 


Commercial testing as well as full chemical analyses. 


an A The ad j u ^ tment of fertilizer 

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chemical investigation of all materials in these lines. 


223 W. FIRST STREET, LOS ANGELES 

A 2054. Main 4266 













MINING LAWS OF NEVADA 

As Amended March 29, 1907, to take effect July 1, 1907, 
complete. 

For new laws of 1909, concerning Mining Corporations and 
Inspection of Mines, see pages 98 and 104, respectively. 

(See also IT. S. Mining Laws.) 


LOCATION AND RELOCATION. 

How to Locate. 

Sec. 1. Any person, a citizen of the United States, or one 
who has declared his intention to become such, who discovers 
a vein or lode, may locate a claim upon such vein or lode by 
defining the boundaries of the claim in the manner hereinafter 
described and by posting a notice of such location at the time 
and point of discovery, which notice must be posted upon one 
of the several monuments prescribed in section 2 of this act, 
and such notice must contain: 

First—The name of the lode or claim. Second—The name 
of the locator or locators. Third—The date of the location. 
Fourth—The number of linear feet claimed in length along 
the course of the vein, each way from the point of discovery, 
with the width on each side of the center of the vein, and 
the general course of the vein or lode as near as may be. 

Van Valkenburg v. Huff, 1 Nev. 147; Mallet v. Uncle Sam 
G. & S. M. Co., 1 Nev. 188; Overman S. M. Co. v. Ameri¬ 
can M. Co., 7 Nev. 312; Phillpotts v. Blasdell, 8 Nev. 61; 
Wiell v. Lucerne M. Co., 11 Nev. 200; Golden Fleece v. 
Cable Consolidated M. Co., 12 Nev. 312; Cleeson v. 
White, 13 Nev. 443; Overman S. M. Co. v. Corcoran, 15 
Nev. 147; Rose v. Richmond M. Co., 17 Nev. 25; Poujade 
v. Ryan, 21 Nev. 449; Brady v. Husby, 21 Nev. 453; 
134 F. R. 610. 

Discovery Shaft to be Sunk—Depth Ten Feet—Boundaries of 
Claim, How Defined. 

Sec. 2. The locator of a lode mining claim must sink a dis¬ 
covery shaft upon the claim located 4x6 feet to the depth of at 
least ten feet from the lowest part of the rim of such shaft at 
the surface, or deeper if necessary, to show by such work a lode 
deposit of mineral in place; a cut or crosscut or tunnel which 
cuts the lode at a depth of ten feet, or an open cut along the 
said ledge or lode equivalent in size to a shaft four feet by six 
feet by ten feet deep, is equivalent to a discovery shaft. The 



G6 


MINING LAWS OF NEVADA 


locator must define the boundaries of his claim by removing 
the top of a tree (having a diameter of not less than four in¬ 
ches), not less than three feet above the ground, and blazing 
and marking the same; or by a rock in place, capping such rock 
with smaller stones, such rock and stones to have a height of 
not less than three feet; or by setting a post or stone, one at 
each corner and one at the center of each side line. When a 
post is used, it must be at least four inches in diameter by four 
and one-half feet in length, and set one foot in the ground. 
When it is practically impossible on account of bedrock or 
precipitous ground to sink such posts, they may be placed in a 
mound of earth or stones, or where the proper placing of such 
posts or other monuments is impracticable or dangerous to life 
or limb, it shall be lawful to place such posts or monuments at 
the nearest point, properly marked to designate its right place. 
When a stone is used, not a rock in place, it must be not less 
than six inches in diameter and eighteen inches in length, and 
set two-thirds of its length in the top of a mound of earth or 
stone four feet in diameter, and two and one-half feet in height. 
All trees, posts or rocks used as monuments which are not four 
feet in diameter at the base shall be surrounded by a mound 
of earth or stones four feet in diameter by two feet in height, 
which trees, posts, stones or rock monuments must be so marked 
as to designate the corners of the claim located; provided, how¬ 
ever, that the locator of a mining claim shall within twenty 
days from the date of posting the notice of location define the 
boundaries of said claim by placing at each corner and the 
center of each sideline one of the hereinbefore described mon¬ 
uments, and shall within ninety days from the date of posting 
of said location notice perform the location work hereinbefore 
prescribed. 

Silver M. Co. v. Fall, 6 Nev. 116; Southern Cross G. & S. 
M. Co. v. Europia M. Co., 15 Nev. 383; Sisson v. Som¬ 
mers, 24 Nev. 379. 


WHAT NOTICE SHALL CONTAIN —WHEN LOCATION 

IS VOID. 

Sec. 3. Any locator or locators of a mining claim, after 
having established the boundaries of said claim, and after 
complying with the provisions of this act, with reference to 
the establishment of such boundaries, may file with the district 
mining recorder a notice of location, setting forth the name 
given to the lode or vein, the number of linear feet claimed in 
length along the course of the vein, the date of location, the 
date on which the boundaries of the claim were completed, 
and the name of the locator or locators. Should any claim 
be located in any section or territory where no district has 


MINING LAWS OF NEVADA 


67 


yet been formed, or where there is no district recorder, the 
locator or locators of such claims may file with the county 
recorder notice of location as set forth above, and said notice of 
location will be prima facie evidence in all courts of justice of 
the first location of said lode or vein. Within ninety days of 
the date of posting the location notice upon the claim the lo¬ 
cator shall record his claim with the mining district recorder 
and the county recorder of the mining district, or county, in 
which such claim is situated by a location certificate, which 
must contain: 

First—The name of the lode or vein. 

Second—The name of the locator or locators. 

Third—The date of the location and such description of the 
location of said claim with reference to some natural object or 
permanent monument as will identify the claim. 

Fourth—The number of linear feet claimed in length along 
the course of the vein each way from the point of discovery, 
with a width on each side of the center of the vein, and the 
general course of the lode or vein as near as may be. 

Fifth—The dimensions and location of the discovery shaft, 
or its equivalent, sunk upon the claim. 

Sixth—The location and description of each corner, with the 
markings thereon. 

Any record of the location of a lode mining claim which 
shall not contain all the requirements named in this section 
shall be void. All records of lode or placer mining claims, 
millsites or tunnel rights heretofore made by any recorder of 
any mining district, or any county recorder, are hereby declared 
to be valid and to have the same force and effect as records 
made in pursuance of the provisions of this act. And any 
such record, or a copy thereof, duly verified by a mining re¬ 
corder or duly certified by a county recorder, shall be prima 
facie evidence of the facts therein stated. 

Notice to Claim but One Location. 

Sec. 4. No notice of location of a lode claim shall claim more 
than one location, whether the location be made by one or 
several persons. And if such notice purport to claim more 
than one location it shall be absolutely void, except as to the 
first location therein described. And if they are described to¬ 
gether, or so that it cannot be told which location is first 
described the notice of location shall be void as to all. 

What Location Includes. 

Sec. 5. The location or record of any vein or lode claim shall 
be construed to include all surface ground within the surface 
lines thereof, and all lodes and ledges throughout their entire 


68 


MINING LAWS OF NEVADA 


depth, the top or apex of which lies inside of such lines extend¬ 
ed downward, vertically with all parts of such lodes or veins 
as continue to dip beyond the side lines of the claim, but shall 
not include any portion of such lodes, veins or ledges beyond 
the end lines of the claim, or the end lines continued, whether 
by dip or otherwise, or beyond the side lines in any other man¬ 
ner than by the dip of the lode. 

End Lines. 

Sec. 6. If the top or apex of the lode in its longitudinal 
course extends beyond the exterior lines of the claim at any 
point on the surface, or as extended vertically downward, such 
lode may not be followed in its longitudinal course where it 
is intersected by the exterior lines. 

Jones v. Prospect Tunnel Co., 21 Nev. 339. 

Relocation in Case of Defective Certificate. 

Sec. 7. If at any time the locator of any mining claim here¬ 
tofore or hereafter located, or his assigns, shall apprehend that 
his original certificate was defective, erroneous, or that the 
requirements of the law had not been complied with before 
filing; or shall be desirous of changing his surface boundaries 
or of taking in any part of an overlapping claim which has 
been abandoned; or in case the original certificate was made 
prior to the passage of this law, and he shall be desirous of 
securing the benefits of this Act, such locator or his assigns 
may file an additional certificate, subject to the provisions of 
this Act; provided, that such relocation does not interfere with 
the existing rights of others at the time of such relocation, 
and no such relocation or the record thereof shall preclude the 
claimant or claimants from proving any such titles as he or 
they may have held under previous location. 

Phillpotts v. Blasdell, 8 Nev. 61. 


RELOCATION AND SURVEY. 

Work to be Done on Relocation. 

Sec. 8. The relocation of abandoned lode claims shall be by 
sinking a new discovery shaft and fixing new boundaries, in 
the same manner as if it were the location of a new claim; or 
the relocator may sink the original discovery shaft ten feet 
deeper than it was at the time of abandonment, in which case 
the record must give the depth and dimensions of the original 
discovery shaft at the date of such relocation, and erect new 
or adopt the old boundaries, renewing the posts or monuments 
if removed or destroyed. In either case a new location stake 


MINING LAWS OF NEVADA 


69 


shall be erected. In any case, whether the whole or part of an 
abandoned claim is taken, the record may state that the whole 
or any part of the new location is located as abandoned prop¬ 
erty. If it is not known to the relocator that his location is on 
an abandoned claim, then the provisions of this section do not 
apply. 

Sever v. Gergovich, 16 Nev. 325; Rose v. Richmond M. Co., 
17 Nev. 25; South End M. Co. v. Tinney, 22 Nev. 19. 

Survey and Certificate of Surveyor Become Part of Record. 

Sec. 9. Where a locator, or his assigns, has the boundaries 
and corners of his claim established by a United States deputy 
mineral surveyor, or a licensed surveyor of this State, and his 
claim connected with the corner of the public or minor surveys 
of an established initial point, and incorporates into the record 
of the claim the field notes of such.survey, and attaches to and 
files with such location certificate a certificate of the surveyor, 
setting forth: First, that said survey was actually made by 
him, giving the date thereof; second, the name of the claim 
surveyed and the location thereof; third, that the description 
incorporated in the declaratory statement is sufficient to iden¬ 
tify, such survey and certificate becomes a part of the record, 
and such record is prima facie evidence of the facts therein 
contained. 


LOCATION OF PLACER CLAIM. 

Statutes 1899, p. 94. 

Location of Placer Claim. 

Section 1. The location of a placer claim shall be made in 
the following manner: By posting thereon, upon a tree, rock 
in place, stone, post, or monument, a notice of location, con¬ 
taining the name of the claim, name of locator or locators, date 
of location, and number of feet or acres claimed, and by mark¬ 
ing the boundaries and the location point in the same manner 
and by the same means as required by the laws of this State for 
marking the boundaries of lode claim locations; provided, that 
where the United States survey has been extended over the 
land embraced in the location, the claim may be taken by legal 
subdivisions, and, except the marking of the location point as 
hereinbefore prescribed, no other markings than those of said 
survey shall be required. 

Relating to Location. 

Sec. 2. Within ninety days after the posting of the notice 
of location of a placer claim, the locator shall perform not less 
than twenty dollars worth of labor upon the claim for the 
development thereof, and shall have recorded by the mining 


70 


MINING LAWS OF NEVADA 


district recorder and the County Recorder of the district and 
county in which the claim is situated a certificate which shall 
state the name of the claim, designating it as a placer claim, 
name of locator or locators, date of location, number of feet or 
acres claimed, a description of the claim with regard to some 
natural object or permanent monument, so as to identify the 
claim, and the kind and amount of work done by him as herein 
required, and the place on the claim where said work was 
done. This certificate, or the record thereof, or a duly certified 
copy of said record, shall be prima facie evidence of the re¬ 
citals therein. But if such certificate do not state all the facts 
herein required to be stated, it shall be void. 

Note.—A decision of the Supreme Court in the case of Butte 
City Water Co. v. Baker practically establishes the validity of 
the above Act. The case is reported in 196, U. S., page 119. 

LOCATION OF TUNNEL RIGHT. 

Statutes 1897, p. 108. 

Notice to Contain. 

Section 1. The locator of a tunnel right or location shall 
locate his tunnel right or location by posting a notice of location 
at the face or point of commencement of the tunnel, which must 
contain: First—the name of the locator or locators. Second— 
The date of the location. Third—The proposed course or direc¬ 
tion of the tunnel. Fourth—The height and width thereof. 
Fifth—The position and character of the boundary monuments. 
Sixth—A description of the tunnel by such reference to a nat¬ 
ural object or permanent monument as shall identify the claim 
or tunnel right. 

Boundary Lines. 

Sec. 2. The boundary lines of the tunnel shall be established 
by stakes or monuments placed along such lines at an interval 
of not more than three hundred feet from the face or point of 
commencement of the tunnel to the terminus of three thousand 
feet therefrom. The stakes or monuments shall be of the same 
size and character as those provided for lode or placer claims 
in this Act. 

Locator Shall Record. 

Sec. 3. The locator of a tunnel right or location shall, within 
sixty days of the date of the location, record his location with 
the mining district recorder and the County Recorder of the 
county or district in which such location is situated, which 
must be similar in all respects to the one posted on the location. 
Any record of a tunnel right or location which shall not contain 
all the requirements named in this section shall be void. 


MINING LAWS OF NEVADA 


71 


Relating to Blind Lodes or Veins. 

Sec. 4. All blind lodes, or veins or lodes not previously 
known to exist, discovered in a tunnel run for the development 
of a vein or lode, or for the discovery of mines, and within 
three thousand feet from the face of such tunnel, shall be lo¬ 
cated upon the surface and held in like manner as other lode 
claims under the provisions of this Act. 

Provisions of Act Applicable. 

Sec. 5. The provisions of this Act shall be construed as 
equally applicable to all classes of location except where the 
requirement as to any one class is manifestly inapplicable to 
any other class or classes. 

LOCATION OF SALINE LANDS. 

(Act of Feb. 24, 1865, p. 172.) 

Location of Saline Lands. 

Section 1. Any person may locate, claim and hold not ex¬ 
ceeding one hundred and sixty acres of the public lands within 
this State containing salt or saline matter. 

Duty of Persons Locating Saline Lands. 

Sec. 2. It shall be the duty of any person or persons locat¬ 
ing salt lands to have the same surveyed by the County Sur¬ 
veyor of the county in which said lands are located, within 
thirty days from the date of location; and the surveyor shall, 
within thirty days from the completion of said survey, make 
and deliver to the party employing him to make the survey, 
a correct description and plat of the lands thus surveyed, and 
the same shall be recorded in the office of the County Recorder 
of said county within thirty days from the delivery thereof 
by the surveyor. 

Prior Locations Ratified. 

Sec. 3. All locations made prior to the passage of this Act 
upon saline lands are hereby ratified and confirmed to the lo¬ 
cators thereof, their heirs and assigns; provided, the parties 
now holding and occupying said lands shall, within sixty days 
from the passage of this Act, have the same surveyed and re¬ 
corded as provided in section two of this Act. 

When Subject to Relocation. 

Sec. 4. All persons claiming and holding saline lands under 
the provisions of this Act shall keep and hold actual possession 
of said lands by occupying the same, and whenever said lands 
are abandoned for a period longer than sixty days, the same 
shall be subject to relocation. 


72 


MINING LAWS OF NEVADA 


LOCATION OF MILL SITE. 

Statutes 1897, p. 107. 

Mill Site. 

Section 1. The proprietor of a vein or lode claim or mine, 
or the owner of a quartz mill or reduction works, may locate 
five acres of non-mineral land as a mill site. 

Notice to Contain. 

Sec. 2. The locator of a mill site location shall locate his 
claim by posting a notice of location thereon, which must con¬ 
tain: First—The name of the locator or locators. Second— 
The name of the vein, or lode claim, or mine, of which he is 
the proprietor, or the name of the quartz mill or reduction 
works of which he is the owner. Third—The date of the loca¬ 
tion. Fourth—The number of feet or acres claimed. Fifth— 
A description of the claim by such reference to a natural ob¬ 
ject or permanent monument as shall identify the claim or mill 
site. And by marking the boundaries of his claim in the same 
manner as provided in this Act for the marking of the bound¬ 
aries of a placer mining claim, so far as the same may be ap¬ 
plicable thereto. 

Locator Shall Record. 

Sec. 3. The locator of a mill site claim or location shall, 
within thirty days from the date of his location, record his 
location with the mining district recorder and the County 
Recorder of the district or county in which such location is 
situated, by a location certificate which must be similar in all 
respects to the one posted on the location. 

When Location is Void. 

Sec. 4. Any record of a mill site location which shall not 
contain the name of the locator or locators, the name of the 
vein or lode claim or mine of which the locator is the proprie¬ 
tor, or the name of the quartz mill or reduction works of which 
the locator is the owner, the number of feet or acres claimed, 
and such description as shall identify the claim with reason¬ 
able certainty, shall be void. 

Robinson v. Imperial M. Co., 5 Nev. 44; Hamburg M. Co. 
v. Stevenson, 17 Nev. 450. 

ASSESSMENT WORK. 

Amount of Work to Hold Possession. 

Section 1. The amount of work done or improvements made 
during each year to hold possession of a mining claim shall be 
that prescribed by the laws of the United States, to-wit: One 


MINING LAWS OF NEVADA 


73 


hundred dollars annually. In estimating the worth of labor 
required to be performed upon any mining claim, to hold the 
same under the laws of the United States, the value of a day’s 
labor is hereby fixed at the sum of four dollars; provided, how¬ 
ever, that in the sense of this statute eight hours of labor 
actually performed upon the mining claim shall constitute a 
day’s labor. 

Affidavit of Work Performed. 

Sec. 2. Within sixty days after the performance of labor or 
making of improvements, required by law to be annually per¬ 
formed or made upon any mining claim, the person in whose 
behalf such labor was performed or improvements made, or 
someone in his behalf, shall make and have recorded by the min¬ 
ing district recorder or the County Recorder, in books kept for 
that purpose, in the mining district or county in which such 
mining claim is situated, an affidavit setting forth the amount 
of money expended, or value of labor or improvements made, 
or both, the character of expenditures or labor or improve¬ 
ments, a description of the claim or part of the claim affected 
by such expenditures, or labor or improvements, for what year, 
and the name of the owner or claimant of said claim at whose 
expense the same Avas made or performed. Such affidavit, or 
a copy thereof, duly certified by the County Recorder, shall be 
prima facie evidence of the performance of such labor or the 
making of such improvements, or both. 

Secs. 1 and 2, Statutes 1897, p. 105. 

Recorder’s Fee. 

Sec. 3. For taking and recording the affidavit herein re¬ 
quired the mining recorder shall receive a fee of one dollar. 

Records to Impart Notice. 

Sec. 4. The instruments and records mentioned in sections 
one and two shall be deemed to impart to subsequent pur¬ 
chasers and incumbrancers, and to all other persons whomso¬ 
ever, notice of the contents thereof. 

Secs. 3 and 4, Statutes 1887, p. 137. 

DELINQUENCY OF COOWNERS. 

Notice to a Delinquent—Proviso—Penalty. 

Sec. 5. Whenever a coowner or coowners shall give to a de¬ 
linquent coowner or coowners the notice in writing or notice by 
publication provided for in Section 2324, Revised Statutes of 
the United States, an affidavit of the person giving such notice, 
stating the time, place, manner of service and by whom and 


74 


MINING LAWS OF NEVADA 


upon whom such service was made, shall be attached to a true 
copy of such notice, and such notice and affidavit must be 
recorded by the mining district recorder or the County Re¬ 
corder, in hooks kept for that purpose, in the mining district 
or county in which the claim is situated; within ninety days 
after the giving of such notice, or if such notice is given by 
publication in a newspaper, there shall be attached to a printed 
copy of such notice an affidavit of the printer or his foreman 
or principal clerk of such paper, stating the date of the first, 
last and each insertion of such notice therein, and when and 
where the newspaper was published during that time, and the 
name of such newspaper. Such affidavit and notice shall be 
recorded as aforesaid within one hundred and eighty days after 
the first publication thereof. The original of such notice and 
affidavits, or a duly certified copy of the record thereof, shall 
be evidence that the delinquent mentioned in Section 2324 has 
failed or refused to contribute his proportion of the expenditure 
required by that section and of the service or publication of 
said notice; provided, the writing or affidavit hereinafter pro¬ 
vided for is not of record. If such delinquent shall, within the 
ninety days required by Section 2324 aforesaid, contribute to 
his coowner or coowners his proportion of such expenditures, 
such coowner or coowners shall sign and deliver to the de¬ 
linquent or delinquents a writing, stating that the delinquent 
or delinquents by name, has within the time required by 
Section 2324 of the Revised Statutes of the United States con¬ 
tributed his share for the year., upon the . mine, 

and further stating therein the district, county and state 
wherein the same is situate and the book and page where the 
location notice is recorded; such writing shall be recorded in 
the office of the County Recorder of said county. If such 
coowner or coowners shall fail to sign and deliver such writing 
to the delinquent or delinquents within twenty days after such 
contribution, the coowner or coowners so failing as aforesaid 
shall be liable to a penalty of one hundred dollars, to be re¬ 
covered by any person for the use of the delinquent or delin¬ 
quents in any court of competent jurisdiction. If such coowner 
or coowners fail to deliver such writing within said twenty 
days, then the delinquent, with two disinterested persons hav¬ 
ing personal knowledge of such contribution, may make affi¬ 
davit setting forth in what manner, the amount of, to whom 
and upon what mine such contribution was made. Such affi¬ 
davit, or a record thereof in the office of the County Recorder 
of the county in which said mine is situate, shall be prima 
facie evidence of such contribution. 

Statutes 1897, p. 106. 




MINING LAWS OF NEVADA 


75 


MINING RECORDER AND RECORDS. 

Records Impart Notice and Are Received in Evidence. 
Duties of Mining Recorders—Duplicate Notices. 

Section 1. It shall be the duty of each and every mining 
recorder of the several mining districts of the State to require 
all persons locating and recording a mining claim to make a 
duplicate copy of each and every mining notice, which copy 
the said mining recorder shall carefully compare with the 
original, and mark “duplicate” on its face or margin, and he 
shall immediately deposit with or transmit the same to the 
County Recorders of the respective counties in which said min¬ 
ing district may be located. 

Fee to Be Collected. 

Sec. 2. The said district mining recorders, at the time of 
comparing said duplicate notices with the original, shall collect 
from the locators of said mining claims the sum of one dollar 
for each and every notice compared, which sum he shall trans¬ 
mit, together with the said duplicate notices, to the County 
Recorders of the respective counties in which said mining 
claims shall be located. (See also end of Sec. 9.) 

Duplicates to Be Filed. 

Sec. 3. Whenever, owing to the distance of the mining dis¬ 
trict from the county seat, it becomes inconvenient for the 
district mining recorder to personally deposit the duplicate 
copy with the County Recorder, then in that case he may for¬ 
ward the same by mail or express, or such other manner as 
will insure safe transit and delivery to the County Recorder. 

Fees for Recording. 

Sec. 4. The County Recorders of the several counties shall 
receive for their services for recording each of said duplicate 
notices mentioned in section two of this Act, the sum of one 
dollar; provided, that in case the location is made outside of 
any organized mining district or in the absence of a mining re¬ 
corder in any organized district, then the person or persons 
making location shall, within ninety days after making such 
location, transmit a duplicate copy of such notice to the Re¬ 
corder of the county in which the location is made, and the 
Recorder shall record the same for a fee of one dollar. 


76 


MINING LAWS OF NEVADA 


Duplicate Notice to Have Force. 

Sec. 5. The record of any original or duplicate notice of the 
location of a mining claim in the office of the County Recorder, 
as herein provided, shall be received in evidence, and have the 
same force and effect in the courts of the State as the original 
mining district records. 

Secs. 4 and 5 as amended Statutes 1897, p. 77. 

Penalty. 

Sec. 6. Any person neglecting or refusing to comply with 
the provisions of this Act, shall be deemed guilty of a mis¬ 
demeanor, and, upon conviction thereof, shall be punished by 
a fine not exceeding five hundred dollars, or by imprisonment 
in the county jail not exceeding six months, or by such fine and 
imprisonment. 

County Recorders to Be Ex-Officio District Mining Recorders. 

Sec. 7. In every mining district in this State, in which the 
seat of government of any county is situated, the County Re¬ 
corder of said county shall be ex-officio district mining recorder, 
subject in the discharge of his duties to such rules, regulations 
and compensations as may be now in force or hereafter pre¬ 
scribed by the mining laws of the mining districts respectively 
to which this Act is applicable. He shall, as such ex-officio 
mining recorder, be responsible on his official bond for the 
faithful performance of the duties of his office and the correct 
and safe keeping of all the records thereof, and the correct and 
safe keeping of the copies of all the records mentioned and re¬ 
ferred to in section two of this Act. 

Records to Impart Notice. 

Sec. 8. All instruments of writing relating to mining claims 
now copied into books of mining or other records, now in the 
office of the County Recorders of the several counties of this 
State, shall, after the passage of this Act, be deemed to impart 
to subsequent purchasers and incumbrancers, and all other 
persons whomsoever, notice of the contents thereof; provided, 
that nothing herein contained shall be construed to affect any 
rights heretofore acquired or vested. 

Copies May Be Read in Evidence. 

Sec. 9. Copies of the records of all such instruments men¬ 
tioned in section one of this Act, duly certified by the Recorder 
in whose custody such records are, may be read in evidence 
under the same circumstances and rules as are now or may 
hereafter be provided by law, for using copies of instruments 


MINING LAWS OF NEVADA 


77 


relating to mining claims or real estate, duly executed or 
acknowledged, or proved and recorded. 

Golden Fleece v. Cable Consolidated M. Co., 12 Nev. 312; 
Southern Cross G & S. M, Co. v. Europia M. Co., 15 
Nev. 383; Paujade v. Ryan, 21 Nev. 449; Brady v. Hus- 
by, 21 Nev. 453. 

FEE FOR RECORDING PROOF OF LABOR. 

(Statutes 1909, p. 310, as Amended by Statutes of 1911.) 

Fees for Recording Proof of Labor on Mining Claims. 

Section 1. From and after the passage and approval of this 
Act the County Recorders and District Mining Recorders of 
this State shall charge the following fees for recording certifi¬ 
cates of proof of labor on mining claims: Fifty cents for 
recording any such certificate that embraces therein one claim, 
and an additional fee of twenty-five cents for each and every 
additional mining claim embraced in said certificate; pro¬ 
vided further, that if any such certificate shall contain more 
than one hundred words, an additional fee of thirty cents 
shall be charged for each one hundred words or fractional part 
thereof in excess of said first one hundred words. 

Repeal. 

Sec. 2. All acts and parts of Acts in conflict with the pro¬ 
visions of this Act are hereby repealed. 

(Receipt from Recorder, see page 96.) 

CONVEYANCE OF MINING CLAIM. 

In Same Manner as Real Estate. 

Section 1. Conveyance of mining claims shall hereafter re¬ 
quire the same formalities and be subject to the same rules of 
construction as the transfers and conveyances of other real 
estate. 

Hale & Norcross G. & S. M. Co. v. Storey County et al., 1 
Nev. 104; Phillpotts v. Blasdell, 8 Nev. 61; Weill v. Lu¬ 
cerne M. Co., 11 Nev. 200; Gruber v. Baker, 20 Nev. 453. 

Former Conveyances Construed. 

Sec. 2. All conveyances of mining claims heretofore made 
by bills of sale or other instruments in writing, with or with¬ 
out seals, recorded or unrecorded, shall be construed in accord¬ 
ance with the lawful local rules, regulations and customs of the 
miners in the several mining districts of this territory; and if 
heretofore regarded valid and binding in such districts, shall 
have the same force and effect between the parties thereto, as 
prima facie evidence of sale, as if such conveyances had been 
made by deed under seal. 


78 


MINING LAWS OF NEVADA 


How Proved. 

Sec. 3. The location and transfers of mining claims here¬ 
tofore made, shall be established and proved in contestation 
before courts, by the local rules, regulations or customs of the 
miners in the several mining districts of the territory in which 
such location and transfers were made. 

Van Valkenburg et al. v. Huff et al., 1 Nev. 142; Mallett 
v. Uncle Sam G. & S. M. Co., 1 Nev. 188; Oreamuno v. 
Uncle Sam G. & S. M. Co., 1 Nev. 217; Smith et al. v. 
North American Mining Co., 1 Nev. 423; Chase v. Savage 
S. M. Co., 2 Nev. 9; Bullion M. Co. v. Croesus G. & S. 
M. Co., 2 Nev. 168; Gottschall et al. v. Melsing et al., 
2 Nev. 185. 

Lands Defined. 

Sec. 4. The term ‘‘lands,” as used in this Act, shall be con¬ 
strued as coextensive in meaning with lands, tenements, and 
hereditaments, and shall include in its meaning all possessory 
right to the soil for mining and other purposes, and the term 
“estate and interest in lands,” shall be construed and embrace 
every estate and interest, present and future, vested and con¬ 
tingent, in lands as above defined. 

Mortgage to Be Recorded. 

Sec. 5. A mortgage for a good and valuable consideration 
upon possessory claims to public lands, all buildings and im¬ 
provements upon such lands, all quartz and mining claims, and 
all such personal property as shall be fixed in its structure to 
the soil, acknowledged in manner and form as mortgages upon 
real estate are required by law to be acknowledged and record¬ 
ed in the office of the Recorder in the county in which the 
property is situated, shall have the same effect against third 
persons as mortgages upon real estate. 

Capon v. Stout, 11 Nev. 304. 

Mining Rules. 

Sec. 6. This Act shall not be so construed as to interfere 
or conflict with the lawful mining rules, regulations, or customs 
in regard to the locating, holding, or forfeiture of claims, but, 
in all cases of mortgages of mining interests under this Act, the 
mortgagee shall have the right to perform the same acts that 
the mortgagor might have performed for the purpose of pre¬ 
venting a forfeiture of the same under the said rules, regula¬ 
tions, or customs of mines, and shall be allowed such compensa¬ 
tion therefor as shall be deemed just and equitable by the court 
ordering the sale upon a foreclosure; provided, that such com- 


MINING LAWS OF NEVADA 


79 


pensation shall, in no case, exceed the amount realized from the 
claim by a foreclosure and sale. 

Deed of Minor Held Valid—Proviso—Suits Pending. 

Sec. 7. In all cases in this State since the first day of July, 
A. D. eighteen hundred and sixty-seven, where minors over the 
age of eighteen years have sold interests acquired by them in 
mining claims or locations by virtue of their having located 
such claims, or having been located therein by others and have 
executed deeds purporting to convey such interests, such deeds, 
if otherwise sufficient in law, shall be held valid and sufficient 
to convey such interest fully and completely, notwithstanding 
the minority of the grantor, and without any power or right of 
subsequent revocation; provided, that this section shall not ap¬ 
ply to cases where any fraud was practiced upon such minor, 
or any undue or improper advantage was taken by his pur¬ 
chaser or any other person to induce such minor to execute 
such deed; and, provided further, that this section shall not ap¬ 
ply to or affect any suits which may now be pending in any 
courts of this State, in which the legality or validity of such 
deeds may be involved. 

Minors Empowered to Sell or Convey. 

Sec. 8. All minors in this State, over the age of eighteen 
years, are hereby authorized and empowered to sell and convey 
by deed such interests as they may have acquired, or may here¬ 
after acquire, in mining claims or mining locations within this 
State, by virtue of locating the same, or being located therein, 
and such deed shall, if otherwise sufficient in law, be held valid 
and sufficient to convey such interest fully and completely, and 
without the right of subsequent revocation, notwithstanding 
the minority of the grantor, subject, however, to the same pro¬ 
visions and limitations contained in the first section of this act. 


ACTIONS FOR TITLE AND POSSESSION. 

Application for Patent—Jurisdiction of Court. 

Right of Possession. 

Section 1. In all actions brought to determine the right of 
possession of a mining claim, or metalliferous vein or lode, 
where an application has been made to the proper officers of the 
Government of the United States by either of the parties to 
such action for a patent for said mining claim, vein, or lode, it 
shall only be necessary to confer jurisdiction on the court to try 
said action, and render a proper judgment therein, that it ap¬ 
pear that an application for a patent for such mining claim, 


80 


MINING juAWS OF NEVADA 


vein, or lode has been made, and that the parties to said action 
are claiming such mining claim, vein, or lode, or some part 
thereof, or the right of possession thereof. 

Golden Fleece v. Cable Con. Mining Co., 12 Nev. 312; Rose 
v. Richmond Mining Co., 17 Nev. 25; Gottschall v. Mel- 
sing, 2 Nev. 185; Chase v. Savage S. M. Co., 2 Nev. 9; 
Bullion M. Co. v. Croesus G. & M. Co., 2 Nev. 168; Stone- 
cifer v. Yellow Jacket S. M. Co., 3 Nev. 39; Schissler v. 
Chesshire, 7 Nev. 434; Welland v. Huber, 8 Nev. 203; 
Rogers v. Cooney, 7 Nev. 213; Hamburg M. Co. v. 
Stevenson, 17 Nev. 450; Patchen v. Kelley, 19 Nev. 404; 
Deno v. Griffin, 20 Nev. 249; Jones v. Prospect Tunnel 
Co., 21 Nev. 339; South End Mining Co. v. Tinney, 22 
Nev. 19; Abbott v. Primeaux, 16 Nev. 361; Steel v. Gold 
Lead G. & S. M. Co., 18 Nev. 80. 

Trial, When Postponed. 

Sec. 2. In actions involving the title to mining claims and 
quartz ledges, if it be made to appear to the satisfaction of the 
court that in order that justice may be done, and the action 
fairly tried on its real merits, it is necessary that further de¬ 
velopments should be made, and that the party applying has 
been guilty of no laches and is acting in good faith, the court 
shall grant the postponement of the trial of the action, giving 
the party a reasonable time in which to prepare for trial. And 
in granting such postponement, the court may, in its discretion, 
annex as a condition thereto, an order that the party obtaining 
such postponement shall not, pending the trial of the action, 
remove from the premises in controversy any valuable quartz, 
rock, earth, or ores, and for any violation of an order so made, 
the court or the judge thereof may punish for contempt, as in 
the cases of violation of an order of injunction, and may also 
vacate the order of postponement. 

Choate & Brown v. Bullion Mining Co., 1 Nev. 73; Silver 
Mining Co. v. Fall, 6 Nev. 116. 

STATUTE OF LIMITATIONS. 

Recovery of Mining Claims. 

Section 4. No action for the recovery of mining claims, or 
for the recovery of the possession thereof, shall be maintained, 
unless it shall appear that the plaintiff, or those through or 
from whom he claims, were seized or possessed of such mining 
claim, or were the owners thereof, according to the laws and 
customs of the district embracing the same, within two years 


MINING LAWS OF NEVADA 


81 


before the commencement of such action. Occupation and ad¬ 
verse possession of a mining claim shall consist in holding and 
working the same, in the usual and customary mode of holding 
and working similar claims in the vicinity thereof. All the 
provisions of this act, which apply to other real estate, so far as 
applicable, shall be deemed to include and apply to mining 
claims; provided, that in such application “two years” shall be 
held to be the period intended whenever the term “five years” 
is used; and, provided further, that when the term “legal title” 
or “title” are used, they shall be held to include title acquired 
by location or occupation, according to the usages, laws, and 
customs of the district embracing the claim. 

Bullion M. Co. v. Croesus G. & S. M. Co., 2 Nev. 169; Gott- 
schall v. Melsing, 2 Nev. 185; The 420 Mining Co. v. Bul¬ 
lion Mining Co., 9 Nev. 240; Abernathie v. Con. Virginia 
Mining Company, 16 Nev. 261. 

LIEN—EXEMPTION—INJUNCTION. 

Preferred Lien. 

Section 1. Where ore is delivered to a custom mill or re¬ 
duction works, and either sold to said mill or reduction works, 
or worked at a percentage, the party or parties so furnishing 
ore to mill or reduction works shall have a preferred lien upon 
the bullion product, and upon the ore not reduced, as against 
attachment and other creditors. 

Lien on Mine for Wages and Material. 

Sec. 2. All miners, laborers and others who work or labor to 
the amount of five (5) dollars or more in or upon any mine, or 
upon any shaft, tunnel, adit, or other excavation, designed or 
used for the purpose of prospecting, draining or working any 
such mine; and all persons who shall furnish any timber or 
other material of the value of five (5) dollars or more, to be 
used in or about any such mine, whether done or furnished at 
the instance of the owner of such mine or his agent, shall have, 
and may each respectively claim and hold, a lien upon such 
mine for the amount and value of the work or labor so perform¬ 
ed, or material furnished; and every contractor, sub-contractor, 
architect, builder, or other persons, having charge or control of 
any mining claim, or any part thereof, or of the construction, 
alteration or repair, either in whole or in part, of any building 
or other improvement, as aforesaid, shall be held to be the 
agent of the owner, for the purposes of this chapter. 

Shyrme v. Occidental M. Co., 8 Nev. 219; Capon v. Stout, 
11 Nev. 304; Rosena v. Trowbridge, 20 Nev. 105; Lonkey 
v. Keyes S. M. Co., 21 Nev. 312. 


82 


MINING LAWS OF NEVADA 


Miner’s Property Exempt from Execution. 

Sec. 3. The cabin or dwelling of a miner, not exceeding in 
value the sum of five hundred dollars; also his sluices, pipes, 
hose, windlass, whim, derrick, cars, pumps, tools, implements, 
and appliances necessary for carrying on any kind of mining 
operations, not exceeding in value the aggregate sum of five 
hundred dollars, and two horses, mules, or oxen, with their 
harness, and food for such horses, oxen or mules for one month, 
when necessary to be used for any whim, windlass, derrick, car, 
pump, or hoisting apparatus, are exempt from execution. 

Injunction on Working of Mine. 

Sec. 4. If, upon the hearing of an application for an injunc¬ 
tion, or for the dissolution of an injunction, it does not satis¬ 
factorily appear that there is a sufficient cause for an injunc¬ 
tion, or if it appear that the extent of the injunction is too 
great, it shall be refused, dissolved, or modified, as the case 
may be, and upon all such applications in actions respecting 
mines, the court or judge hearing the same may, instead of 
granting or continuing the injunction, make an order requiring 
the party against whom the application is made to give a bond 
in an amount fixed by such court or judge, with sufficient 
sureties, to be approved by such court or judge, conditioned 
for the payment to the plaintiff of all damages which he may 
sustain by reason of the use or occupation of the mine, or other 
acts complained of, by the party giving the bond, his or its 
agents, servants, employees, grantees, or other persons by his 
or its consent pending the litigation, if the plaintiff finally re¬ 
cover; or that upon failure to give such bond within the time 
prescribed in the order, the injunction shall be granted, or con¬ 
tinued, as the case may be; or the court or judge may appoint 
a receiver to take charge of the mine, or the proceeds thereof, 
pending the litigation. 

Sherman v. Clark, 4 Nev. 138. 

ASSAYING. 

Description of Bars of Bullion. 

Section 1. Every person or firm now engaged in, or who 
may hereafter engage in, the business of assaying within the 
State of Nevada, shall be required to place a written descrip¬ 
tion pasted on or stamped upon every bar of bullion or amal¬ 
gam melted, retorted, assayed, or refined by such person or firm. 

Neglect or Refusal. 

Sec. 2. Every person or firm within the State of Nevada, en¬ 
gaged in or carrying on the business mentioned in the first sec- 


MINING LAWS OF NEVADA 


83 


tion of this act, who shall neglect or refuse to comply with its 
provisions, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall be punished by a fine of not less than 
one thousand dollars and not more than five thousand dollars, 
and shall be imprisoned in the county jail not less than one 
month nor more than six months, for each and every such re¬ 
fusal or neglect. (See page 109 of this book.) 

Kennedy v. Schwartz, 13 Nev. 229. 


FALSE STATEMENT REGARDING ORE. 

Changing Value of Ores a Misdemeanor—Penalty. 

Section 1. Any person, corporation, or association, or the 
agent of any person, corporation, or association, engaged in the 
milling, smelting, sampling, concentrating, reducing, shipping 
or purchasing of ores in this State, who shall in any manner 
knowingly alter or change the true value of any ores delivered 
to him or them, so as to deprive the seller of the correct value of 
the same, or who shall substitute other ores for those delivered 
to him or them, or who shall issue any bill of sale or certificate 
of purchase, that does not exactly and truthfully state the 
actual weight, assay value and total amount paid for any lot or 
lots of ore purchased, or who, by any secret understanding, or 
agreement with another, shall issue a bill of sale or certificate 
of purchase that does not correctly and truthfully set forth the 
weight, assay value, and total amount paid for any lot or lots of 
ore purchased by him or them, shall be guilty of a misdemeanor 
and, on conviction thereof, shall be fined in a sum not exceeding 
one thousand dollars, nor less than one hundred dollars, or im¬ 
prisonment in the county jail not more than one year, or both, 
at the discretion of the court. 


PARTITION OF MINING CLAIM. 

Action for Partition. 

Section 1. When the action is for partition of a mining 
claim among the tenants in common, joint tenants, coparceners 
or partners thereof, the court, upon good cause shown by any 
party or parties in interest, may, instead of ordering partition 
to be made in manner as hereinbefore provided, or a sale of the 
premises for cash, direct the referees to divide the claim in the 
manner hereinafter specified. 

Order of Court. 

Sec. 2. The court shall, in its order, or by a subsequent order 
made upon motion, fix the time for division of the claim by the 


84 


MINING LAWS OF NEVADA 


referees, which shall not be less than twenty nor more than 
forty days from the day of making the order, except by consent 
of all the parties in interest who have appeared in the action. 

To Go on Claim. 

Sec. 3. On the day designated in the order, the referees 
shall go upon the claim to be divided, and proceed to make 
division of the same as hereinafter provided, and shall continue 
from day to day until the whole business is completed. 

Parties May Unite. 

Sec. 4. Two or more of the tenants in common, joint tenants, 
copartners or parceners, may unite together for the purposes 
of such division, of which they shall give the referees written 
notice before they commence the business of division; and all 
who do not unite as aforesaid, or give notice of separate action, 
shall, for the purposes of division, be deemed and held to have 
united. The referees in their action shall recognize those 
named in the order of the court, or their agents and attorneys 
in fact, duly appointed by instrument in writing under seal, 
and acknowledged as in cases of conveyances of real estate, the 
guardian of an infant, and the guardian entitled to the custody 
and management of the estate of an insane person or other per¬ 
son adjudged incapable of conducting his own affairs, and as to 
the interest of each, shall be controlled entirely by the order of 
the court. 

To Select Place of Location. 

Sec. 5. At the time and place of division, one of the referees 
to be selected by them shall, in the manner of public auction, 
offer to the party or parties who will take the least part or 
portion of said mining claim in proportion to the interest he or 
they may have therein, the privilege of first selecting the place 
at which his portion shall be located, and upon closing the bids 
the referees shall proceed to measure and mark off, by distinct 
metes and bounds, to the lowest bidder, his or their portion of 
said mining claim, at the place designated by them or him, ac¬ 
cording to the terms of his or their bid. 

Duties of Referees. 

Sec. 6. When the referees have marked off and set apart the 
interest of the lowest bidder, as provided in the last section, 
they shall offer to the remaining parties the privilege of selec¬ 
tion as in said section mentioned and described, and shall, upon 
closing the bids, proceed in the same manner to locate and mark 
off the portion of the lowest bidder, and shall thereafter con- 


MINING LAWS OF NEVADA 


85 


tinue in the same manner to receive bids and mark off the in¬ 
terest of the bidder or bidders until there shall remain but one 
party in interest, or parties united, forming one interest, as 
provided in section four. 

Parties Remaining. 

Sec. 7. The party or parties remaining as provided in the 
last section, shall become the owner or owners, as the case may 
be, of the entire claim not marked off and set apart to other 
parties as hereinbefore provided, in proportion to their respect¬ 
ive interests in the claim. 

To Be Returned. 

Sec. 8. The referees shall return with their report in this 
act required to be made by them, the evidences of authority 
presented to them by which they claim the right to bid, or 
otherwise act, during the proceedings hereinbefore mentioned. 

DAMAGE TO OR TRESPASS ON MINING CLAIM. 
Manner of Working Mine—Damages, How Assessed. 

Section 1. Any person or persons, company or corporation, 
being the owner or owners of, or in possession under any lease 
or contract for the working of any mine or mines within the 
State of Nevada, shall have the right to institute and maintain 
an action, as provided by law, for the recovery of any damages 
that may accrue by reason of the manner in which any mine or 
mines have been or are being worked and managed by any per¬ 
son or persons, company or corporation, who may be the owner 
or owners, or in possession of and working such mine or mines 
under a lease or contract, and to prevent the continuance of 
working and managing such mine or mines in such manner as 
to hinder, injure, or by reason of tunnels, shafts, drifts or exca¬ 
vations, the mode of using, or the character and size of the 
timbers used, or in any wise endangering the safety of any mine 
or mines adjacent or adjoining therto. And any such owner 
of, or in the possession of any mine or mining claim, who shall 
enter upon or into, in any manner, any mine or mining claim, 
the property of another, and mine, extract, excavate or carry 
away any valuable mineral therefrom, shall be liable to the 
owner or owners of any such mine or mines trespassed upon in 
twice the amount of the gross value of all such mineral mined, 
extracted, execavated, or carried away, to be ascertained by an 
average assay of the excavated material or the ledge from 
which it is taken. As amended Stats. 1891, p. 37. 


86 


MINING LAWS OF NEVADA 


Lien of Judgment and Continuation Thereof. 

Sec. 2. Any judgment obtained for damages under the pro¬ 
visions of this act shall become a lien upon all the property of 
the judgment debtor or debtors, not exempt from execution, in 
the Territory of Nevada, owned by him, her, or them, or which 
may afterwards be acquired, as is now provided for by law, 
which lien shall continue two years, unless the judgment be 
sooner satisfied. 


Survey May be Applied For—What Affidavit Shall State— 
Notice of Application, and How Served—Order of Court— 
Costs. 

Sec. 3. Any person or persons named in the first two sec¬ 
tions of this act, shall have the right to apply for and obtain 
from any District Court, or the judge thereof, within this Ter¬ 
ritory, an order of survey in the following manner: An appli¬ 
cation shall be made by filing the affidavit of the person making 
the application, which affidavit shall state, as near as can be 
described, the location of the mine or mines of the parties com¬ 
plained of, and as far as known, the names of such parties; 
also, the location of the mine or mines of the parties making 
such application, and that he has reason to believe, and does be¬ 
lieve, that the said parties complained of, their agents or em¬ 
ployees, are or have been trespassing upon the mine or mines 
of the party complaining, or are working their mine in such 
manner as to damage or endanger the property of the affiant. 
Upon the filing of the affidavit as aforesaid, the court or judge 
shall cause a notice to be given to the party complained of, or 
the agent thereof, which notice shall state the time, place, and 
before whom the application will be heard, and shall cite the 
party to appear in not less than five nor more than ten days 
from the date thereof, to show cause why an order of survey 
should not be granted; and upon good cause shown, the court or 
judge shall grant such order, directed to some competent sur¬ 
veyor or surveyors, or to some competent mechanics, or 
miners, or both, as the case may be, who shall proceed to make 
the necessary examination as directed by the court, and report 
the result and conclusions to the court which report shall be 
filed with the clerk of said court. The costs of the order and 
survey shall be paid by the persons making the application, 
unless such parties shall subsequently maintain an action and 
recover damages, as provided for in the first two sections of 
this act, by reason of a trespass or damage done or threatened 
prior to such survey or examination having been made, and in 
that case, such costs shall be taxed against the defendant as 


MINING LAWS OF NEVADA 


87 


other costs in the suit. The parties obtaining such survey 
shall be liable for any unnecessary injury done to the property 
in the making of such survey. 

Rogers v. Cooney, 7 Nev. 213; Waters v. Stevenson, 13 
Nev. 157; Patchen v. Kelley, 19 Nev. 404. 


MAJORITY OWNERS OF MINE MAY CHANGE INTEREST 
OF MINORITY. 

(Act March 7, 1865, p. 228.) 

Mining Companies May Bring Suit. 

Section 1. When three or more persons, owning or claiming 
as joint tenants, tenants in common or corparceners, a majority 
of the number of feet, shares, or interests in any mining claim 
in this state, shall have formed, or shall hereafter form them¬ 
selves into a corporation or organized association, for the pur¬ 
pose of working and developing such mining claim, and shall 
actually proceed to work and develop the same, such corpora¬ 
tion or association may, without demand, except by commence' 
ment of action, institute in any court of competent jurisdiction, 
suit in its corporate or associate name, as upon an implied con¬ 
tract for the payment of money, against any person not a stock¬ 
holder in or member of such corporation or association owning 
or claiming to own in said mining claim as joint tenant, tenant 
in common or coparcener, for his or her proportion of the 
money actually expended or indebtedness assumed by such cor¬ 
poration or association, in the actual and necessary working 
and development of said mining claim. 

Money Expended or Indebtedness Assumed. 

Sec. 2. The proportion of money expended or indebtedness 
assumed by such corporation or association, and for the pay¬ 
ment of which such joint tenant, tenant in common or copar¬ 
cener, is made liable under the provisions of this act, shall be 
deemed such an amount of money or indebtedness as bears the 
same proportion to the whole amount of money expended or in¬ 
debtedness assumed, as the interest in the mining claim owned 
or claimed by such joint tenant, tenant in common or coparcen¬ 
er, bears to the whole of the mining claim. 

Who May Join in Suit—Issue of Facts—Judgment to Be Sep¬ 
arate. 

Sec. 3. Any number of such joint tenants, tenants in com¬ 
mon or coparceners, may be joined as parties defendant in any 
suit instituted under the provisions of this act; but each de- 


88 


MINING LAWS OF NEVADA 


fendant shall be entitled to plead separately; and when the 
cause shall be tried by jury, as many of the separate issues of 
fact as may be agreed upon by the parties may be determined 
by the same jury. Judgment shall be rendered for or against 
each defendant separately, and the costs of suit may be appor¬ 
tioned among the several parties defendant, against whom 
judgment may be rendered, in such manner as to the court may 
appear just and equitable; provided, that in all cases the de¬ 
fendant, prior to the institution of suit under the provisions of 
this act, shall be entitled to three weeks ’ notice of the intention 
of such corporation or association to institute such suit, which 
notice may be either personally or by publication in some news¬ 
paper published in the county within which such mining claim 
is located; and if none be published in said county, then in the 
nearest adjoining county. 

What Summons Shall Specify. 

Sec. 4. The summons shall specify: First, the amount of 
money actually expended, or indebtedness assumed, by such 
corporation or association, in the actual and necessary working 
and development of said mining claim; and, second, the amount 
due from each joint tenant, tenant in common, or coparcener, 
as his or her proportion of such money or indebtedness. 

Where Suit to Be Brought—Service of Summons. 

Sec. 5. All suits instituted under the provisions of this act 
shall be brought in the county within which the mining claim 
may be located; and where the defendant is a non-resident of 
the county within which the suit is brought, but a resident of 
the State, service of summons may be had personally, as in 
other cases, or by publication in the same manner as provided 
by law for service of summons by publication where the de¬ 
fendant is a non-resident of the State and a resident of the 
State of California; and all of the provisions of law regulating 
proceedings in other civil cases shall, so far as the same are ap¬ 
plicable, apply to suits instituted under this act. 

Lien. 

Sec. 6. The amount of money expended or indebtedness as¬ 
sumed, by such corporation or association, as the proportion 
due from such joint tenant, tenant in common, or coparcener, 
for the actual and necessary working and development of said 
mining claim, shall be a lien in favor of such corporation or as¬ 
sociation upon the interest of such joint tenant, tenant in com¬ 
mon, or coparcener, in such mining claim, from the time such 
money was expended, or indebtedness assumed, by such cor- 


MINING LAWS OF NEVADA 


89 


poration or association; which lien shall bind such interest 
from the time of such payment or assumption as against any 
subsequent purchaser, mortgagee, or other person acquiring a 
lien upon, or title to, or interest in, the same. Suit may be in¬ 
stituted against the person owning or claiming such interest 
at the time of the commencement of the action for the recovery 
of the whole amount due upon such interest; and all judgments 
rendered in any action instituted under the provisions of this 
act, and any execution issued thereon, shall bind and run 
against such interest, and no other property of the defendant 
shall be subject to execution on said judgment. 

Sales to Be Absolute. 

Sec. 7. All sales of any interest in a mining claim under an 
execution issued on a judgment obtained in any suit instituted 
under the provisions of this act shall be absolute, and the pur¬ 
chaser shall be entitled to the immediate possession of the in¬ 
terest purchased by him at such sale. 

Mallett v. Uncle Sam G. & S. M. Co., 1 Nev. 188. 

LIABILITY OF OWNER OF SHAFT. 

Safeguards to Be Erected. 

Section 1. Any person or persons, company or corporation, 
who shall hereafter dig, sink or excavate, or cause the same to 
be done, or being the owner or owners, or in the possession, 
under any lease or contract of any shaft, excavation, or hole, 
w T hether used for mining or otherwise, or whether dug, sunk or 
excavated for the purpose of mining, to obtain water, or .for any 
other purpose, within this State, shall, during the time they 
may be employed in digging, sinking or excavating, or after 
they may have ceased work upon or abandoned the same, erect, 
or cause to be erected, good and substantial fences, or other 
safeguards, and keep the same in good repair, around such 
works or shafts, sufficient to securely guard against danger to 
persons and animals from falling into such shafts or excava¬ 
tions. 

Notices of Violation of Preceding Section May Be Filed. 

Sec. 2. Any person being a resident of the county, and 
knowing, or having reason to believe, that the provisions of 
section one of this act are being or have been violated within 
such county, may file a notice with any justice of the peace or 
police judge therein, which notice shall be in writing, and shall 
state: First—The location, as near as may be, of the hole, exca¬ 
vation or shaft. Second—That the same is dangerous to per- 


90 


MINING LAWS OF NEVADA 


sons or animals, and has been left, or is being worked, contrary 
to the provisions of this act. Third—The name of the person 
or persons, company or corporation, who is or are the owners 
of the same, if known, or if unknown, the persons who were 
known to be employed therein. Fourth—If abandoned, and no 
claimant; and, Fifth—The estimated cost of fencing or other¬ 
wise securing the same against any avoidable accident. 


Judge to Issue Order. 

Sec. 3. Upon the filing of the notice, as provided for in the 
preceding section, the justice of the peace, or judge of the po¬ 
lice court, shall issue an order, directed to the sheriff of the 
county, or to any constable or city marshal therein, directing 
such officer to serve a notice, in manner and form as is pre¬ 
scribed by law for service of summons upon any person or per¬ 
sons, or the authorized agent or agents, of any company or 
corporation named in the notice on file, as provided in section 
two of this act. 

What Notice Shall Require. 

Sec. 4. The notice thus served shall require the said persons 
to appear before the justice or judge issuing the same, at a time 
to be stated therein, not more than ten nor less than three days 
from the service of said notice, and show, to the satisfaction of 
the court, that the provisions of this act have been complied 
with, or if he or they fail to appear, judgment will be entered 
against him or them for double the amount stated in the notice 
on file; and all proceedings had therein shall be as prescribed 
by law in civil cases; and such persons, in addition to any judg¬ 
ment that may be rendered against them, shall be liable and 
subject to a fine, not exceeding the sum of one hundred dollars 
for each and every violation of the provisions of this act, which 
judgments and fines shall be adjudged and collected as pro¬ 
vided for by law. 

Suits to Be in the Name of the State. 

Sec. 5. Suits commenced under the provisions of this act 
shall be in the name of the State of Nevada, and all judgments 
and fines collected shall be paid into the county treasury for 
county purposes. 

County Commissioners Shall Fence Abandoned Excavations. 

Sec. 6. If the notice filed with the justice of the peace or 
police judge, as aforesaid, shall state that the excavation, shaft 
or hole has been abandoned, and no person claims the owner¬ 
ship thereof, said justice of the peace, or judge, shall notify the 


MINING LAWS OF NEVADA 


91 


board of county commissioners of the county, or either of them, 
of the location of the same, and they shall, as soon as possible 
thereafter, cause the same to be so fenced or otherwise guarded 
as to prevent accidents to persons or animals; and all expenses 
thus incurred shall be paid, first, out of the fines and judg¬ 
ments collected in accordance with the provisions of this act, 
as other county expenses; provided, that nothing herein con¬ 
tained shall be so construed as to compel the county commis¬ 
sioners to fill up, fence or otherwise guard any shaft, excava¬ 
tion or hole unless in their discretion the same may be con¬ 
sidered dangerous to persons or animals. 

CAGE TO BE USED IN SHAFT. 

Cages to Be Provided by Mining Companies. 

Section 1. It shall be unlawful for any person or persons, 
company or companies, corporation or corporations, after the 
first day of July, A. D. nineteen hundred and five, to sink or 
work through any vertical shaft at a greater depth than three 
hundred and fifty feet, unless the said shaft shall be provided 
with an iron bonneted safety cage, to be used in the lowering 
and hoisting of the employees of such person or persons, com¬ 
pany or companies, corporation or corporations. The safety 
apparatus shall be securely fastened to the cage, and shall be 
of sufficient strength to hold the cage loaded at any depth to 
which the shaft may be sunk. 

In any shaft less than three hundred and fifty feet deep, 
where no safety cage is used and where crosshead or cross¬ 
heads are used, platform for employees to ride upon in lower¬ 
ing and hoisting said employees shall be placed above said 
crosshead or crossheads; the provisions of this Act requiring 
the placing of said platforms on said crosshead or crossheads 
not later than the first day of July, A. D. nineteen hundred 
and five. 

Failure to Comply—Penalties. 

Sec. 2. Any person or persons, company or companies, cor¬ 
poration or corporations, or the managing agent of any person 
or persons, company or companies, corporation or corporations, 
violating the provisions of this Act shall be deemed guilty of 
a misdemeanor, and upon conviction thereof shall be fined in 
the sum of five hundred dollars, or imprisoned in the county 
jail for the term of six months, or by both such fine and im¬ 
prisonment. _ „ ^ 

Damages to Be Recovered. 

Sec. 3. Nothing contained in this act shall be so construed 
as to prevent recovery being had in a suit for damages for in- 


92 


MINING LAWS OF NEVADA 


juries sustained by the party so injured, or his heir or adminis¬ 
trator or administratrix, or any one else now competent to sue 
in an action of such character. 

Patnode v. Harter, 20 Nev. 303. 

CORPORATIONS FOR MINING AND MILLING. 

(Act of March 3, 1866, p. 204.) 

For latest Corporation Laws of Nevada see Session Laws, 
1903, p. 121; 1903, p. 325; 1907, pp. 109, 190, 227, 228. 

Power to Purchase and Hold Mining Property. 

Section 1. All corporations for the purpose of mining, 
formed, or which may be hereafter formed, under the laws of 
the State of Nevada, or which were formed under the laws of 
the Territory of Nevada, shall have power to purchase and hold 
such mining property as they may deem meet. 

How Exercised. 

Sec. 2. The power to make such purchases by any corpora¬ 
tion shall be exercised only by a majority, in interest, of all the 
stockholders in any such corporation, or by such person or per¬ 
sons as may, by such majority, be duly appointed to act in their 
stead. 

Smith v. North Am. M. Co., 1 Nev. 424; Robinson v. Imper¬ 
ial S. M. Co., 5 Nev. 44; Corey v. Curtis, 9 Nev. 325; 
Sutro Tunnel Co. v. Seg. Belcher M. Co., 19 Nev. 121. 

Capital Stock. 

Sec. 3. In corporations already formed, or which may here¬ 
after be formed under this act, or otherwise, for mining pur¬ 
poses, where the amount of the capital stock of such corpora¬ 
tion consists of the aggregate valuation of the whole number 
of feet, shares, or interest in any mining claim in this State 
for the working and development of which such corpora¬ 
tion shall be, or has been formed, no actual subscrip¬ 
tion to the capital stock of such corporation shall be neces¬ 
sary; but each owner in said mining claim shall be deemed to 
have subscribed such an amount to the capital stock of such 
corporation as under the by-laws will represent the value of so 
much of his or her interest in said mining claim, the legal title 
to which he or she may, by deed, deed of trust, or other instru¬ 
ment, vest, or have vested in such corporation, for mining pur¬ 
poses; such subscription to be deemed to have been made and 
to have been fully paid on the execution and delivery to such 
corporation and its acceptance by such corporation of such 
deed, deed of trust, or other instrument, nor shall the validity 
of any assessment levied, or which may hereafter be levied, 


MINING LAWS OF NEVADA 


93 


by the board of directors or trustees of such corporation, pro¬ 
vided such corporation has the right and power to levy assess¬ 
ments, be affected by reason of the fact that the full amount 
of the capital stock of such corporation, as mentioned 
in its certificate of incorporation, shall not have been 
subscribed, as provided in this section; provided that the 
greater portion of said amount of capital stock shall have 
been subscribed; and, provided further, that this section 
shall not be so construed as to prohibit the stockholders of any 
corporation formed, or which may be formed for mining pur¬ 
poses, as provided in this section, from regulating the mode of 
making subscriptions to its capital stock and calling in the 
same by by-laws or expressed contract. Provided, further, 
that no corporation hereafter formed shall ever have power to 
assess paid-up stock, unless in its original articles or certificate 
of incorporation such power is reserved, and no amendment of 
such original in this respect, or to give such power shall ever 
be made. 

O’Meare v. North American M. Co., 2 Nev. 113. 

To Be Governed by District Mining Laws—Proviso. 

Sec. 4. All corporations already formed, or which may here¬ 
after be formed under this act for mining purposes, shall be 
governed by the mining laws of the district where the mine is 
located. 

Rights of Corporations. 

Sec 5. Corporations already formed or hereafter incor¬ 
porated under the provisions of this act for mining, milling 
or ore reduction purposes, may subscribe to and become 
stockholders in any corporation, company or association 
now formed, or which may hereafter be formed, for the 
purpose of constructing any tunnel, shaft or other work, which 
may be calculated to aid or facilitate the exploration, develop¬ 
ment or working of any mine or mining ground in this State; 
and any corporation so becoming a stockholder therein shall, 
in proportion to its interest, be subject to all the liabilities and 
entitled to all the rights and privileges of an individual stock¬ 
holder. 

Trustees to Convey Property on Dissolution. 

Sec. 6. When any mining incorporation, holding or working 
any mine or mines in this State, shall disincorporate under the 
provisions of this act, the board of trustees of said corporation 
shall convey by deed to the stockholders of said company all 
mines and other property of said corporation, in proportion to 
the amount of stock each stockholder shall hold in the mine 


94 


MINING LAWS OF NEVADA 


or mines and other property owned by said corporation, which 
deed shall be recorded in the office of the county recorder of the 
county in which the mine is located. 

Mining Companies May Sue Delinquents. 

Sec. 7. Corporations, and associations, and companies, form¬ 
ed for mining purposes, are hereby authorized, in their corpor¬ 
ate or associated name, to institute suits against any one or 
more of their members who may be delinquent in the payment 
of their assessments. 

Welland v. Huber, 8 Nev. 203. 

Intention of Suit to Be Published. 

Sec. 8. Before such suit is brought before any court having 
jurisdiction of the amount, such delinquent, and the amount he 
may owe, and the intention to institute suit thereon, shall be 
advertised in a newspaper published in the county where the 
mining claim is located, and if no newspaper be published in 
the county, then in a newspaper published in the nearest ad¬ 
joining county, for at least once a week for one month before 
such suit is instituted. 

Majority of Members to Authorize Suit. 

Sec. 9. It shall be proved on the trial of such suit that the 
trustees or managing agents of said corporation, or association, 
or company, were fully authorized to institute such suit by a 
majority of the members of said corporation, or association, or 
company. 

Competent Witnesses. 

Sec. 10. The members of such corporation, association, or 
company shall be competent witnesses to establish the assess¬ 
ment and indebtedness of the-delinquent member. 

Application of Act. 

Sec. 11. This act shall apply only to corporations, associa¬ 
tions and companies who are actually engaged in mining and 
for delinquency in assessments for mining. 

Chill v. Hirshman, 6 Nev. 57. 

CORPORATIONS MAY CONSOLIDATE. 

Two or More Mining Companies May Consolidate—Consent of 
Stockholders Required—Notice by Advertisement—Cer¬ 
tificate, When Filed—How Signed—Boards of Trustees or 
Directors—Certificate, What to Contain. 

Section 1. It shall be lawful for two or more corporations 
formed, or that may be hereafter formed, under the laws of this 


MINING LAWS OF NEVADA 


95 


State for mining purposes, which own or possess mining claims 
or lands adjoining each other or lying in the same vicinity, to 
consolidate their capital stock, debts, property, assets and fran¬ 
chises in such a manner and upon such terms as may be agreed 
upon by the respective boards of directors or trustees of such 
companies so desiring to Consolidate their interests; but no 
such consolidation shall take place without the consent of 
stockholders representing two-thirds of the capital stock of 
each company, and no such consolidation shall in any way re¬ 
lieve such companies or the stockholders thereof from any and 
all just debts and liabilities; and, in case of such consolidation, 
due notice of the same shall be given by advertisement for at 
least twenty days in one newspaper in the county and state 
where the said mining property is situated if there be one pub¬ 
lished therein, and also in one newspaper published in the coun¬ 
ty where the principal place of business of any of said compa¬ 
nies shall be; and when the said consolidation is completed a 
certificate thereof, containing the manner and terms of said 
consolidation shall be filed in the office of the county clerk of the 
county in which the original certificate of incorporation of any 
of said companies shall be filed, and a copy thereof shall be filed 
in the office of the secretary of state. Such certificate shall be 
signed by a majority or each board of directors of the original 
companies, and it shall be their duty to call, within thirty days 
after the filing of such certificate, and after at least ten days 
public notice in some newspaper in the county where its prop¬ 
erty is situated, a meeting of the stockholders of all of said 
companies so consolidated, to elect a board of trustees or di¬ 
rectors for the consolidated company for the year next ensuing. 
Said certificate shall also contain the name of the company, the 
object for which it, the same, has been formed, which shall be 
the same as the original corporations, the amount of its capital 
stock, the time of its existence (not to exceed fifty years), the 
number of shares of which the capital stock shall consist, the 
number of trustees or directors who shall manage the affairs 
of the company for the first year, and the name of the city or 
town in which the principal place of business of the company 
is to be located. 

Written Consent of Stockholders—Proxy. 

Sec. 2. When two or more companies may desire to consoli¬ 
date in accordance with the provisions of section one of this 
act, and shall have given the required notice, as in said section 
provided, any stockholder consenting thereto shall be required 
to give his consent in writing, stating the number of shares 
held by him, and that he is in favor of such consolidation; pro¬ 
vided, that any and all stock standing in the name of trustees 
may be voted by such trustees the same as by the owners there- 


96 


MINING LAWS OF NEVADA 


of, and the consent of such trustees shall be equivalent to the 
consent of such owners; and provided further, that any person 
holding the general proxy of any stockholders shall be entitled 
to give or refuse his consent to such consolidation, the same as 
the owner of such stock for which said proxy is held. 

Foreign Corporations May Consolidate With Home Corpora¬ 
tions—Agent to be Appointed, When—Penalty. 

Sec. 3. The provisions of this act shall be construed to per¬ 
mit and allow foreign corporations, owning mining property in 
this State, to consolidate with corporations organized under the 
laws of this State; provided, that in all such cases the principal 
place of business of such consolidation, when effected, shall be 
located in the State of Nevada, or in the State where such 
foreign corporation desiring such consolidation resides, as may 
be determined by a vote of two-thirds of the stockholders of 
such consolidation after the same shall be completed, and in 
case it shall be determined upon such vote being had, to re¬ 
move the principal place of business of such consolidation out 
of this State, the certificate provided for in section one shall 
be amended so as to show the county and State where the prin¬ 
cipal place of business is located; and provided further that in 
case the principal place of business of such corporation shall 
be removed out of this State there shall be an agent of such 
corporation appointed in this State in the county where its 
property is situated, upon whom all legal process may be served, 
and the failure of such corporation to appoint such agent shall 
subject it to a fine of fifty dollars per day, to be recovered in 
the name of the State of Nevada, as in other cases of fines and 
penalties. 

Paxton v. Bacon M. & M. Co., 2 Nev. 257. 

TAXATION. 

For the laws of taxation on proceeds of mining claims see 
page 162, Statutes of 1891, Laws of Nevada. 

EMINENT DOMAIN. 

For what purposes right of eminent domain may be used 
see Statutes of 1907, page 279. See the same act for proceed¬ 
ings in court. 

MINER MAY ENTER AGRICULTURAL OR GRAZING 

LAND. 

Section 1. Any person now legally occupying and settled 
upon, or who may hereafter occupy or settle upon, any of the 
public lands in this State, for the purpose of cultivating or 


MINING LAWS OF NEVADA 


97 


grazing the same, may commence and maintain any action for 
interference with, or injuries done to, his or her possession of 
said land, against any person or persons so interfering with or 
injuring such land or possession; provided, that if the lands so 
occupied and possessed contain mines of any of the precious 
metals, the possession or claim of the person or persons occupy¬ 
ing the same, for the purposes aforesaid, shall not preclude the 
working of such mines by any person or persons desiring so to 
do, as fully and unreservedly as they might or could do had no 
possession or claim been made for grazing or agricultural pur¬ 
poses. 


May Enter Upon Mineral Lands—Compensation for Injury. 

Sec. 2. The several grants made by the United States to the 
State of Nevada reserved the mineral lands. Sales of such lands 
made by the State were made subject to such reservation. Any 
citizen of the United States, or person having declared his in¬ 
tention to become such, may enter upon any mineral lands in 
this State, notwithstanding the State’s selection, and explore 
for gold, silver, copper, lead, cinnabar, or other valuable min¬ 
eral, and upon the discovery of such valuable mineral, may 
work and mine the same in pursuance of the local rules and 
regulations of the miners and the laws of the United States; 
provided, that after a person who has purchased land from the 
State has made valuable improvements thereon, such improve¬ 
ments shall not be taken or injured without full compensation. 
But such improvements may be condemned for the uses and 
purposes of mining in like manner as private property is by law 
condemned and taken for public use. Mining for gold, silver, 
copper, lead, cinnabar, and other valuable minerals is the para¬ 
mount interest of this State, and is hereby declared to be a pub¬ 
lic use. Stats. 1887, p. 102. 

State Disclaims Interest in Mineral Lands. 

Sec. 3. Every contract, patent or deed hereafter made by 
this State or the authorized agents thereof, shall contain a pro¬ 
vision expressly reserving all mines of gold, silver, copper, lead, 
cinnabar and other valuable minerals that may exist in such 
land, and the State, for itself and its grantees, hereby disclaims 
any interest in mineral lands heretofore or hereafter selected 
by the State on account of any grant from the United States. 
All persons desiring titles to mines upon lands which have been 
selected by the State must obtain such title from the United 
States, under the laws of congress, notwithstanding such se¬ 
lection. Stats. 1897, p. 36. 

Heydenfeldt v. Daney G. & S. M. Co., 10 Nev. 290. 


98 


MINING LAWS OF NEVADA 


TRESPASS ON PATENTED MINING GROUND. 

Statutes 1901, p. 118. 

Trespassing a Misdemeanor. 

Section 1. Any person or persons knowingly and unlawfully 
trespassing upon any mining ground for which a United States 
mineral patent has been issued shall be guilty of a misdemeanor. 

Sec. 2. Any person or persons knowingly and unlawfully 
entering and trespassing upon any mining ground for which 
a United States mineral patent has been issued, and removes 
therefrom any soil, substance, or mineral of any kind or char¬ 
acter whatever or interferes in any manner with the workings 
of said patented mine, or places in any shaft, cut, tunnel or 
workings of said patented mine any obstruction to the develop¬ 
ment or free use and occupancy of the same by the lawful own¬ 
ers or their legal agents or representatives, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be 
fined in the sum of three hundred dollars or imprisoned in the 
county jail for the term of six months, or by both such fine and 
imprisonment. 

Applies to Esmeralda County. 

Sec. 3. The provisions of this Act shall only apply to coun¬ 
ties that cast between 400 and 425 votes for Members of Con¬ 
gress, at the general election held in 1900. 

LEGAL DAY’S WORK. 

Statutes 1903, p. 33. 

Eight Hours a Legal Day’s Labor in Underground Mines. 

Section 1. The period of employment of working men in all 
underground mines or workings shall be eight (8) hours per 
day, except in cases of emergency where life or property is in 
imminent danger. 

Same in Smelters, Etc. 

Sec. 2. The period of employment of working men in smelt¬ 
ers and in all other institutions for the reduction or refining 
of ores or metals shall be eight (8) hours per day, except in 
cases of emergency where life or property is in imminent 
danger. 

Misdemeanor—Penalty. 

Sec. 3. Any person who violates either of the preceding sec¬ 
tions of this Act, or any person, corporation, employer or his 
or its agent, who hires, contracts with, or causes any person to 


MINING LAWS OF NEVADA 


99 


work in an underground mine or other underground workings, 
or in a smelter or any other institution or place for the reduc¬ 
tion or refining of ores or metals for a period of time longer 
than eight (8) hours during one day unless life and property 
shall be in imminent danger shall be guilty of a misdemeanor 
and upon conviction thereof shall be punished by a fine of not 
less than one hundred ($100) dollars, nor more than five hun¬ 
dred ($500) dollars, or imprisonment in the county jail not 
more than six months, or by both such fine and imprisonment. 


HOURS IN OPEN-CUT WORK. 

(Act of 1909.) 

Eight Hours a Day’s Work in Certain Mines. 

Section 1. The period of employment of working men in 
open-pit and open-cut mines shall not exceed eight (8) hours 
in any twenty-four (24) hours, except in cases of emergency 
where life or property is in imminent danger. 

Penalty for Violation. 

Sec. 2. Any person who violates any provisions of section 
one of this Act, or any person, persons, corporation, employer, 
or his agent, who hires, contracts with, or causes any person 
to labor in any open-pit or open-cut mines, for a period of 
time longer than eight (8) hours within any twenty-four hours, 
except in cases of emergency where life or property is in immi¬ 
nent danger, shall be guilty of a misdemeanor, and upon con¬ 
viction thereof shall be punished by a fine of not less than 
one hundred dollars ($100) or more than five hundred dollars 
($500), or by imprisonment in the county jail for not more 
than six months, or by both such fine and imprisonment. 

In Effect. 

Sec. 3. This Act shall take effect thirty days from and after 
its passage. 

PROTECTION OF EMPLOYEES. 

Statutes 1903, p. 34. 

Limiting Use of Collars, Sleeves or Pulleys on Shafting Ma¬ 
chinery. 

Section 1. It shall be unlawful for any person, company or 
corporation, after the first day of July, nineteen hundred and 
three, to construct or place any shaft or shafting with collars, 
sleeves or pulleys over two feet in diameter attached or secured 
to such shaft by set screws projecting above the hub of such 
collars, sleeves or pulleys. In all such cases where set screws 


100 


MINING LAWS OF NEVADA 


are used, the heads thereof shall be countersunk below the sur¬ 
face of the hub of the collar, sleeve or pulley in which they are 
placed. 

Misdemeanor—Penalty. 

Sec. 2. Any person or corporation who shall, after the first 
day of July, 1903, fail or refuse to comply with the require¬ 
ments of this Act, when constructing or changing any ma¬ 
chinery, shall be guilty of a misdemeanor, and upon conviction 
thereof shall be fined not less than one hundred nor more than 
five hundred dollars. 

Not to Prevent Recovery of Damages. 

Sec. 3. Nothing contained in this Act shall be so construed 
as to prevent recovery in a suit for damages, for injuries sus¬ 
tained by the party so injured or his heirs or administrators. 


SAFETY CAGES. 

(Act of March 17, 1905, p. 197.) 

Section 1. It shall be unlawful for any person or persons, 
company or companies, corporation or corporations, after the 
first day of July, A. D. nineteen hundred and five, to sink or 
work through any vertical shaft, at a greater depth than three 
hundred and fifty feet, unless the said shaft shall be provided 
with an iron-bonneted safety cage, to be used in the lowering 
and hoisting of the employees of such person or persons, com¬ 
pany or companies, corporation or corporations. The safety 
apparatus shall be securely fastened to the cage and shall be 
of sufficient strength to hold the cage loaded at any depth to 
which the shaft may be sunk. In any shaft less than three hun¬ 
dred and fifty feet deep where no safety cage is used and 
where crosshead or crossheads are used, platforms for employ¬ 
ees, to ride upon in lowering and hoisting said employees shall 
be placed above said crosshead or crossheads; the provisions of 
this Act requiring the placing of said platforms on said cross¬ 
head or crossheads not later than the first day of July, A. D. 
nineteen hundred and five. 

Sec. 2. Any person or persons, company or companies, cor¬ 
poration or corporations or the managing agent of any person 
or persons, company or companies, corporation or corporations, 
violating the provisions of this Act, shall be deemed guilty of 
a misdemeanor, and upon conviction thereof shall be fined in 
the sum of five hundred dollars, or imprisoned in the county 
jail for the term of six months, or by both such fine and im¬ 
prisonment. 


MINING LAWS OF NEVADA 


101 


AMENDMENT OF 1907. 

AN ACT 

FOR THE BETTER PROTECTION OF THE RIGHTS OF 
LOCATORS OF MINING CLAIMS. 

Section 1. Whenever the locator of a mining claim shall 
file his certificate of location in accordance with the law and 
pay the prescribed fees therefor, it shall be the duty of the 
Mining District Recorder, and of the County Recorder, with 
whom said certificate is filed forthwith to give such locator, or 
his agent, a receipt therefor. Said receipt shall contain name 
of the claim given in notice filed, and date of location thereof, 
stating the day and hour such certificate of location was filed. 

Sec. 2. The receipt called for in section one of this Act 
shall be prima facie evidence that the certificate of location has 
been duly filed, and of the date of filing. 

(Two sections not material omitted here.) 

Sec. 5. Any Mining District Recorder or County Recorder 
neglecting or refusing to comply with the provisions of this Act 
shall be deemed guilty of a misdemeanor, and, upon convic¬ 
tion thereof, shall be punished by a fine not exceeding five 
hundred ($500) dollars, or by imprisonment in the county jail 
not exceeding six months, or by both such fine and imprison¬ 
ment. 


THE NEW NEVADA GRUBSTAKE LAW. 

Chapter CLXXIV—An Act to regulate grubstake contracts 
and prospecting agreements, and to provide for the recording 
of the same. (Approved March 29, 1907.) 

Section 1. All grubstake contracts and prospecting agree¬ 
ments hereafter entered into and which may in any way affect 
the title of mining locations, or other locations under the Min¬ 
ing Laws of this State, shall be void and of no effect except 
between the parties to said contract or agreement, unless the 
instrument shall first have been recorded in the office of the 
county recorder of the county in which said instrument is made. 
The instrument or instruments shall be duly acknowledged be¬ 
fore a notary public or other person competent to take acknowl¬ 
edgments. Grubstake contracts and prospecting agreements, 
duly acknowledged and recorded as provided for in this act, 
shall be prima facie evidence in all courts of justice in this 
State in all cases wherein the title to mining locations and other 
locations under the mining laws of this State are in dispute. 

PROSPECTING ON PRIVATE LAND. 

Chapter LXV. An Act supplementary to an Act entitled 
“An Act to encourage the mining, milling, smelting or other 


102 


MINING LAWS OF NEVADA 


reduction of ores in the State of Nevada,” approved March 
1, 1875. (Approved March 14, 1907.) 

The People of the State of Nevada, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Any person, a citizen of the United States, may 
enter upon any unfenced and unimproved land in the State of 
Nevada held in private ownership, excepting mining claims 
and mining property already located or occupied for mining 
purposes, and may prospect thereon for gold, silver, or other 
valuable minerals or metals, being responsible to the owner of 
the land for all damage done thereon. 

Sec. 2. Any person, a citizen of the United States, discov¬ 
ering a ledge or deposit containing gold, silver or other valua¬ 
ble mineral or metals in or.upon any unfenced and unimproved 
land in this State held in private ownership, excepting min¬ 
ing claims or mining property already located or occupied 
for mining purposes, may locate such ledge or deposit, in 
accordance with the laws of the United States, and of this 
State in respect to the location of mining claims, the same as 
though such ledge or deposit was found upon the public do¬ 
main, and may acquire title to such land so located by means 
of the special proceedings prescribed in this Act. The said 
special proceedings shall be substantially as follows: 

There shall be filed in the clerk’s office of the District Court 
in the county where the real estate is situated a petition veri¬ 
fied according to law, stating therein the names of the person 
or persons presenting the petition; that he or they have discov¬ 
ered a ledge or deposit containing gold, silver or some other 
valuable mineral or metal; the description by metes and bounds 
or by some other accurate designation of the tract or tracts of 
land, located in the manner of mining claims as herein pro¬ 
vided and desired to be appropriated for mining purposes; that 
said land is more valuable for mining purposes than the pur¬ 
pose for which the same is being held; the names of those in 
possession of said land, and those claiming any right, title 
or interest therein, so far as the same can be obtained by 
reasonable diligence. 

Sec. 3. That the proceedings following the filing of such 
petition shall be as prescribed in that certain Act of the Legis¬ 
lature of this State, entitled “An Act to encourage mining, 
milling, smelting or other reduction of ores in the State of 
Nevada,” approved March 1, 1875, in so far as the same are 
not inconsistent with the provisions of this act. 

Sec. 4. If upon the hearing of the petition filed as provided 
in this Act it appears to the satisfaction of the court or judge 
thereof that the land in question is more valuable for mining 
than the purpose for which the same is being used, then the 


MINING LAWS OF NEVADA 


103 


petitioner or petitioners shall acquire title thereto in manner 
similar to that prescribed in the Act to which this Act is sup¬ 
plementary. 

Sec. 5. In determining the value of the land as a basis for 
the compensation which the petitioner or petitioners shall pay 
to the owners thereof, the minerals therein contained shall not 
be considered as going to make up the value, but the value 
which shall govern is the reasonable value of the land for the 
use to which the same has previously been put, or reasonably 
might be expected to be put in the future, by the owners 
thereof. 

Liability of Common Carriers and Mine Owners to Employees. 

For “An Act regulating the liability of common carriers, 
and mine and mill owners and operators to their employees,” 
(approved March 29, 1907), see page 437 of the 1907 Session 
Laws of Nevada. 


INSPECTOR OF MINES. 

(Statutes 1909, p. 218.) 

Inspector of Mines Created. 

Section 1. The office of Inspector of Mines for the State of 
Nevada is hereby created. 

Salary and Expenses—Term of Office—Bond. 

Sec. 2. The Inspector of Mines shall receive as full compen¬ 
sation for his services a salary of thirty-six hundred ($3,600) 
dollars per annum and his necessary traveling expenses when 
traveling in the discharge of his official duties, not to exceed 
eighteen hundred ($1,800) dollars per annum, and all necessary 
expenses for clerk hire, postage, stationery, printing and other 
office expenses, not to exceed twelve hundred ($1,200) dollars 
per annum; and such compensation and expenses shall be paid 
as the salary and expenses of other State officers are paid. He 
shall hold his office for the term of two years, or until his suc¬ 
cessor is selected and qualified. Before entering upon the dis¬ 
charge of his duties, as such Inspector of Mines, he shall file 
an official bond in the sum of ten thousand ($10,000) dollars, 
conditioned for the faithful performance of the duties of his 
office, in form and manner as other official bonds of State 
officers. 

Not to be Connected With Any Mining Corporation—Form of 
Oath. 

Sec. 3. The Inspector of Mines shall not at the time of his 
appointment, or at any time during the term of his office, be 
an officer, director or employee in or of any mining corpora¬ 
tion in this State, or in or of any milling corporation in the 
State engaged in the business of smelting or reducing ores, 


104 


MINING LAWS OF NEVADA 


and each Inspector and deputies shall, and each of them, have 
had at least seven years’ actual experience in underground 
workings, and shall make his affidavit before a proper officer 
to that effect before he shall be qualified to act as such In¬ 
spector, or Deputy Inspector, as herein provided. And such 
Inspector shall devote his whole time to the duties of his of¬ 
fice, and shall take and subscribe to the following oath: 
STATE OF NEVADA, ) __ 

County of.) 

I,., of.County, do solemnly swear 

that I will perform each and every duty required of me as 
Inspector of Mines for the State of Nevada; that I will at all 
times while acting in my official capacity fulfill the duties of 
such office according to the law and to the best of my skill 
and understanding; that I will never at any time while holding 
the office of Inspector of Mines disclose to any one, directly or 
indirectly, under any circumstances any information relative 
to ore bodies, shoots or deposits of ore or the location, course 
or character of underground workings, or give my opinion 
founded on any examination made in the performance of my 
official duties relative to the value of any mine or mining 
property, unless by permission of the person or persons in 
charge of same. To all of which I pledge my sacred honor. 
So help me, God. 

Nothing in said oath, however, shall be construed to prevent 
such Mining Inspector from making full and complete statis¬ 
tical reports as required by law. 

Mines to be Inspected at Least Once Annually. 

Sec. 4. It shall be the duty of the Inspector of Mines at 
least once a year, to visit in person each mining county in the 
State of Nevada and examine all such mines therein as, in his 
judgment, may require the examination for the purpose of de¬ 
termining the condition of such mines as to safety, and to col¬ 
lect information and statistics relative to mines and mining 
and the mineral resources of the State, and to collect, arrange 
and classify mineral and geological specimens found in this 
State and to forward the same to the State School of Mines, 
and it shall be the duty of the Inspector of Mines to establish 
a uniform code of signals. 

Inspector to Have Full Power to Enter All Mine Workings— 
Notice Served on Manager of Unsafe Mine—Penalty for 
Non-compliance. 

Sec. 5. Said State Inspector shall have full power and au¬ 
thority at all hours, to enter and examine any and all mines 
in this State, and shall have the right to enter into any and 
all mine stopes, levels, winzes, tunnels, shafts, drifts, cross-cuts, 
workings and machinery for the purpose of such examination; 
and the owner, lessor, lessee, agent, manager or other person 





MINING LAWS OF NEVADA 


105 


in charge of such mine or mines shall render the Inspector 
such assistance as may be required by the Inspector to enable 
him to make a full, thorough and complete examination of each 
and every part of such mine or mines; and whenever, as the 
result of the examination of any mine (whether such examina¬ 
tion is made in consequence of a complaint, as hereinafter pro¬ 
vided, or otherwise), the Inspector shall find the same to be in 
an unsafe condition, he shall at once serve, or cause to be 
served, a written notice upon the owner, lessor, lessee, agent, 
manager, or other person in charge of such mine, stating in 
detail in what particular or particulars the mine is dangerous 
or insecure, and shall require all necessary changes to be 
made, without delay, for the purpose of making said mine safe 
for the employees therein; and in case of any criminal or civil 
proceedings at law against the party or parties so notified, on 
account of the loss of life or bodily injury sustained by any 
employee subsequent to the service of such notice, and in con¬ 
sequence of a neglect or refusal to obey the Inspector’s re¬ 
quirements, a certified copy served by the Inspector shall be 
prima facie evidence of the culpable negligence of the party 
or parties so notified. 

Inspector to Have Office at Capitol—Mine Owners to Report. 

Sec. 6. The Inspector of Mines shall be provided with a 
properly furnished office at the State House in Carson City, 
Nevada, in which he shall carefully keep a complete record 
of all mines examined, showing the date of examination, the 
conditions in which the mines were found, the manner and 
method of working, the extent to which the laws are obeyed, 
and what recommendations, if any, were ordered by the In¬ 
spector. It is hereby made the duty of the owner, lessor, les¬ 
see, agent, manager or other person in charge of each and ev¬ 
ery mine, of whatever kind or character, within the State, to 
forward to the Inspector of Mines at his office, not later than 
the first day of June in each year, a detailed report showing 
the character of the mine, the number of men then employed 
and the estimated maximum number of men to be employed 
therein during the ensuing year, the method of working such 
mine and the general condition thereof, and such owner, lessor, 
lessee, agent, manager or other person in charge of any mine 
within the State must furnish whatever information relative to 
such mine as the Inspector of Mines may from time to time re¬ 
quire for his guidance in the proper discharge of his official 
duties. 

Complaint as to Dangerous Mines—Inspector to Serve Notice— 
Names of Complainants Kept Secret. 

Sec. 7. Whenever the Inspector of Mines shall receive a 
formal complaint in writing, signed by one or more persons, 


106 


MINING LAWS OF NEVADA 


setting forth that the mine in which he is employed is danger- 
our in any respect, he shall, in person, visit and examine such 
mine; Provided, every such formal complaint shall in all cases 
specifically set forth the nature of the danger existing at the 
mine, and shall describe with as much certainty as possible 
the conditions rendering such mine dangerous, and shall set 
forth the time when such danger was first observed, and shall 
distinctly set forth whether or not any notice of such defect 
or danger has been given by the complainants or any one else 
to their knowledge to the superintendent or other person in 
charge of such mine, and if no such complaint has been made 
to such superintendent or other person in charge, the reason 
why it has not been made. After such complaint shall have 
been received by the Inspector of Mines, it shall be the duty 
of such Inspector to serve a certified copy thereof, upon the 
owner, lessor, lessee, agent, manager, or other person in charge, 
and, as soon as possible after receiving such complaint, to visit 
and examine such mine; and if from such examination he shall 
find such complaint to be just, he shall give notice in writing 
of the danger existing, to the owner, lessor, lessee, agent, man¬ 
ager, or other person in charge thereof, and in such notice may, 
in his discretion, order such mine or workings in which danger 
exists, closed until danger has been removed. The names of 
the complainants complaining as in this section provided, shall 
not, under any circumstances, be divulged to any person by 
said Inspector except such action be necessary in the adminis¬ 
tration of justice in the courts of the State. 

Non-compliance With Notice, How Prosecuted. 

Sec. 8. It shall be the duty of the Inspector of Mines upon 
the neglect or refusal of any owner, lessor, lessee, agent, man¬ 
ager, or other person in charge of any mine or workings, noti¬ 
fied of the unsafe or dangerous condition of his mine, promptly 
to comply with the requirements of the notice served upon 
him, to at once notify the Attorney-General of such neglect or 
refusal, and the Attorney-General or the District Attorney of 
the county in which said mine is situated, at the instigation of 
the Attorney-General, must thereupon immediately commence 
action in the name of the State against the party so notified 
for the enforcement of the penalty mentioned in section five, 
in any court of competent jurisdiction. And it shall be the 
duty of the Inspector of Mines, upon the neglect or refusal of 
any owner, lessor, lessee, agent, manager or other person in 
charge of any mine or workings, notified of the unsafe or dan¬ 
gerous condition of his mine, promptly to comply with the re¬ 
quirements of the notice served upon him, to at once notify the 
Attorney-General of such neglect or refusal, and the Attorney- 
General must thereupon immediately commence action in the 
name of the State against the party so notified for the recovery 


MINING LAWS OF NEVADA 


107 


of the penalty mentioned in section live, in any court of com¬ 
petent jurisdiction, and the amount so recovered shall be paid 
into the General School Fund of the State and constitute a part 
thereof. 

Deputy Inspector—Salary. 

Sec. 9. The Inspector of Mines shall appoint a Deputy In¬ 
spector who shall receive a salary not to exceed two hundred 
dollars per month as full compensation for all services, and 
traveling expenses while in the discharge of his duty. 

Inspector to Attend Coroner’s Inquest—Testimony. 

Sec. 10. Whenever a serious or fatal accident shall occur in 
any mine in the State of Nevada, it shall be the duty of the 
owner, lessor, lessee, agent, manager or other person in charge 
thereof immediately and by the quickest means, to notify the 
Inspector of Mines, or his deputy, as may be most convenient, 
of such accident; and the Inspector or his deputy, or both, 
shall at once repair to the place of accident and investigate 
fully the cause of such accident; and the Inspector, or his 
deputy, shall be present at any Coroner’s inquest held over the 
remains of any person or persons killed in any such accident, 
and shall have power at such inquest to examine and cross- 
examine witnesses, and may have process to compel the attend¬ 
ance of necessary witnesses at such inquest. If the Inspector 
or Deputy Inspector cannot be immediately present in case of 
a fatal or serious accident Occurring, it shall be the duty of 
the owner, lessor, lessee, agent, manager, or person in charge 
of the mine in which such accident has occurred, to have 
statements made and verified by those witnessing such acci¬ 
dent; in case of no persons being present at the time of the 
accident, then the statement of those first present thereafter 
shall be taken, which statement shall be verified, and such veri¬ 
fied statements shall be placed in the hands of the Inspector, 
or Deputy Inspector, upon the demand of such officer. When¬ 
ever any Deputy Inspector is present at any Coroner’s inquest 
and assists in the examination, he shall, at the conclusion there¬ 
of, at once prepare and forward to the Inspector a full and de¬ 
tailed report of the accident, giving all information obtainable 
regarding the same. 

Annual Report of Inspector—What to Contain. 

Sec. 11. The Inspector of Mines shall, on the first Monday 
of December of each year, file with the Governor of the State 
a printed report giving: 

First—A list of all accidents that have occurred during the 
year, the nature and cause of the same, together with the per¬ 
sons killed and injured. 


108 


MINING LAWS OF NE ^ADA 


Second—The number of mines visited or examined during 
the year, the number of mines in operation, and the number of 
mines idle, the number of men employed, the wages paid and 
the nationality of the employees. 

Third—The name and location of each mine in the State 
which has been examined and from which the Inspector has 
received a report as provided in section six of this Act, and 
all data possible in regard to the manner of working the same, 
whether by shaft, tunnel, incline, or otherwise; the condition 
of the hoisting machinery, boilers, whims, engines, cars, buck¬ 
ets, ropes and chains used in the mines; also the appliances 
used for the extinguishment of fires; the manner and method of 
working and timbering the shafts, drifts, inclines, stopes, 
winzes, tunnels and upraises through which persons pass to 
and fro while engaged in their daily labor; the character of 
the exits from the mine, and the methods of ventilation and 
the system of signals used in the mine. 

Fourth—The number and character of notices served, to¬ 
gether with suggestions and recommendations made; the man¬ 
ner in which such suggestions and recommendations were com¬ 
plied with. 

Fifth—The number of complaints received and the actions 
therein. 

Sixth—The number of prosecutions for neglect or refusal 
to comply with notices. 

Seventh—A summary of the reports received from mine own¬ 
ers and Deputy Inspector. 

Eighth—A full statement containing all available statistical 
and other information calculated to exhibit the mineral re¬ 
sources of the State and to promote the development of the 
same. 

Ninth—Generally, such other information and suggestions 
as may be deemed advisable. 

Not to Apply to Certain Mines. 

Sec. 12. This Act shall not apply to any mine which is 
worked exclusively by the owners, or lessees of the owners, 
and where no men are employed working in said mine for 
wages. 

Governor to Appoint Inspector—Popular Election in 1910. 

Sec. 13. Within twenty days from and after the passage 
of this Act, the Governor shall appoint said Mining Inspector, 
who shall hold office until December 31, 1910, and at the next 
general election held in this State, and every two years there- 


MINING LAWS OF NEVADA 


109 


after, the office of Inspector of Mines mentioned in this Act 
shall be filled by election by the qualified electors of the State 
of Nevada, as other State officers are now elected, and the 
State Controller is hereby authorized and directed to draw 
his warrants for the several amounts specified in this Act, and 
the State Treasurer is hereby directed to pay the same. 

By Act of 1911—new sections 14 to 43, both inclusive, were 
added to this Act. They provide for storage of powder* in 
mines, compartment shafts, dead timbers, sign boards, gaso¬ 
line, bell signals, safety appliances, etc. Too long for this 
book. See page 403, 1911 Session Laws of Nevada. 

CORPORATIONS MUST FILE STATEMENTS. 

(Act of 1909, as amended by Act of 1911.) 

All Mining Corporations to File Statements With State and 
County—What Statements Shall Contain — Affidavit — 
What Must State. 

Section 1. Every corporation owning, claiming, holding, 
leasing or engaged in the business of working or developing 
any mining claim or mining property, or interest therein, in 
the State of Nevada, and selling, or offering for sale, either di¬ 
rectly or indirectly, any of its shares or capital stock shall, 
within sixty days after the expiration of the first six months 
of its existence as a corporation, and annually thereafter within 
sixty days after the first day of the month provided by its by¬ 
laws for its annual meeting of stockholders, file in the office 
of the County Recorder of each county wherein such mining 
property is situated, and in the office of the Attorney-General 
of this State, a statement duly subscribed and sworn to before 
a notary public (or other officer authorized by law to admin¬ 
ister oaths), by its president or vice-president and its secretary, 
if it is a domestic corporation, and also by its^ resident agent, 
if a foreign corporation; provided, however, that the failure 
of the by-laws of any such corporation to provide a date for 
the annual meeting of the stockholders thereof shall not ex¬ 
cuse said corporation from filing such a statement once during 
each calendar year. Said statement shall cover the period of 
time between that embraced in the previous statement filed in 
accordance herewith and the first day of the month in which 
said annual meeting is to be held, or in the event that such 
statement is the first statement to be filed by any corporation 
in conformity with this Act, such statement shall cover the 
first six months of the existence of such corporation. Said 
statement shall contain the following facts and information: 

(a) The name of each mining claim and the total number 
of such claims or fractions thereof owned or leased, and the 
number thereof being worked and developed, also the county 


110 


MINING LAWS OF NEVADA 


and mining district (if there be one) wherein said claims are 
located, and the nearest post-office and the distance therefrom, 
as near as can be ascertained. 

(b) The nature of the title thereof, or interest therein, 
whether leasehold or otherwise, also the date each claim or 
interest therein was purchased, leased or otherwise acquired by 
such corporation. 

Cc) The character, value and a general description of all 
buildings, works, machinery and other improvements on each 
unpatented claim, and the character, value and a general de¬ 
scription of all buildings, works, machinery and other improve¬ 
ments being actually used or operated by such corporation on 
its patented ground, taken as a whole; provided, however, that 
where several unpatented claims belonging to such corporation 
are contiguous and are being developed as a group said state¬ 
ment may state the character, value and a general description 
of all buildings, works, machinery and other improvements on 
said entire group of unpatented claims. 

(d) The total amount and a description of the development 
work done upon each unpatented claim, if any, and upon the 
entire patented property, if any, since the work reported in the 
last statement was filed as herein provided, or during the first 
six months of the existence of said corporation, if the statement 
be the first one filed in accordance with the provisions of this 
Act, and the total sum of money or other valuable considera¬ 
tion, given or paid out therefor; provided, however, that where 
several unpatented mining claims belonging to such corpora¬ 
tion are contiguous, and the development work thereon has 
been done on one or more of said claims for the benefit of the 
entire group, said statement may state the amount and descrip¬ 
tion of the work done for the entire group, and the total sum 
of money, or other valuable consideration, given or paid out 
therefor. 

(e) The total number of shares such corporation is by law 
authorized to issue and the different classes and par value 
thereof. 

(f) The total number of shares of stock originally set aside 
by such corporation, if any, in its treasury or otherwise to sell 
or otherwise dispose of for the purpose of working, develop¬ 
ing or otherwise improving any patented or unpatented min¬ 
ing claim, or claims, owned or leased or being worked or de¬ 
veloped by such corporation and the total amount of money 
realized from the sale of any portion thereof since the sales 
thereof reported in the last statement filed in accordance with 
the provisions of this Act, or during the first six months of the 
existence of such corporation in the event that such statement 
is the first to be filed by said corporation in accordance here¬ 
with. 


MINING LAWS OF NEVADA 


111 


(g) The total number of shares of treasury stock sold, and 
the total sum of money or other consideration received therefor 
since the sales thereof reported in the last statement filed in 
accordance with the provisions of this Act, or during the first 
six months of the existence of such corporation in the event 
that such statement is the first to be filed in accordance here¬ 
with, and the number of shares of treasury stock remaining 
unsold. 

(h) The amount of money, if any, actually paid by such cor¬ 
poration to each of its officers, superintendents, or to other per¬ 
sons, exclusive of persons included in subdivisions of this sec¬ 
tion, as salary or compensation for services rendered such cor¬ 
poration, stating the nature of such services; also, the respect¬ 
ive amounts, if any, expended for advertising and as commis¬ 
sions for sales of stock, since the sales thereof reported in the 
last statement filed in accordance with the provisions of this 
Act, or during the first six months of the existence of such cor¬ 
poration in the event that such statement is the first filed in 
accordance herewith. 

(i) The total value of the ore produced from the property 
of such company since the production reported in the last state¬ 
ment filed in accordance with the provisions of this Act, or dur¬ 
ing the first six months of the existence of such corporation in 
the event that such statement is the first to be filed by such 
corporation in accordance therewith. 

The affidavit required by this section shall state in substance 
as follows: 

That affiant is the president (or other officer of such corpo¬ 
ration, or other person required to make affidavit) and has read 
the foregoing statement, and knows the contents thereof; that 
the same is true and correct to the best of his knowledge and 
belief. 


Stockholders to Receive Statements—Fees of County Recorder. 

Sec. 2. At the same time, or within ten days after the sworn 
statement prescribed by Section 1 of this Act shall have been 
filed with the County Recorder as in this Act provided, the 
secretary or resident agent, or one officer of such corporation 
required by this Act to subscribe to the same, shall duly mail 
or cause to be mailed to each person appearing at said time 
on the books of such corporation as a stockholder therein, a 
true typewritten or printed copy of such statement, and shall 
in addition thereto make an affidavit before some officer duly 
authorized to administer oaths, that a true copy of such state¬ 
ment has been duly deposited in the United States postoffice 


112 


MINING LAWS OF NEVADA 


(giving the name of the postoffice) addressed to each stock¬ 
holder of such corporation, as appears from the books thereof, 
at his or her last known address, or place of residence, and that 
sufficient postage has been prepaid thereon, and thereupon such 
secretary or resident agent, or other person making such affi¬ 
davit shall file the same in the office of such County Recorder, 
who shall attach the same to the original statement previously 
filed pursuant to Section 1 of this Act, and to which such affi¬ 
davit pertains. The County Recorder shall charge, as a filing 
fee, fifty cents for every original statement required by the 
preceding section, and fifty cents for filing and attaching the 
affidavit required by this section, unless the same is attached 
to said original statement. 

Must Plainly Designate Different Kinds of Stock—“Treasury 
Stock.” 

Sec. 3. From and after the 15th day of April, 1909, every 
corporation owning, leasing, working or developing any pat¬ 
ented or unpatented mining claim in this State, and selling 
or offering for sale, either directly or indirectly, or authorizing 
or causing to be issued or sold, any of its stock or shares for 
the promotion or development of any such mining claim, shall 
print or stamp across the face of each certificate of its treasury 
stock or shares (as defined by this Act) the words “Treasury 
Stock” in English letters or characters at least one-half of an 
inch in height, and not less than one-eighth of an inch in width, 
said letters or characters to be printed or stamped as aforesaid 
in ink of a conspicuously different color than the ink used in 
printing, writing or stamping the body or other matter printed, 
stamped or written thereon. 

“Promotion Stock.” 

Sec. 4. From and after the 15th day of April, A. D. 1909, 
every corporation owning, leasing, working or developing any 
patented or unpatented mining claim in this State, and selling 
or offering for sale, either directly or indirectly, or authorizing 
or causing to be issued or sold, any stock or shares therein 
that has not been specifically set aside by such corporation for 
the purpose of raising money or means for the development of 
the mineral resources of such mining claim or claims, or for 
making necessary improvements thereon, shall print or stamp 
across the face of each certificate so issued or authorized to be 
issued, sold, or offered for sale, as aforesaid, the words “Pro¬ 
motion Stock” in English letters or characters at least one- 
half of an inch in height, and one-eighth of an inch in width, 
and said letters or characters to be printed or stamped thereon 
as aforesaid, in ink of a conspicuously different color than the 
ink used in printing or writing or stamping the body or other 
matter printed, stamped or written thereon. 


MINING LAWS OF NEVADA 


113 


Definitions of Kinds of Stock. 

Sec. 5. All stocks or shares of every mining corporation 
doing business in this State that have been, or shall be specifi¬ 
cally set aside to sell for money or other valuable considera¬ 
tion, and the proceeds of which are to be used for the actual 
development of the mineral resources of any mining claim, or 
claims, or for the purpose of making necessary or useful im¬ 
provements thereon, or for the purpose of maintaining such 
corporation, or preserving or enhancing its assets, are hereby 
deemed and declared to be treasury stock and all other stock 
of such corporation is hereby deemed and declared to be pro¬ 
motion stock, within the meaning of this Act. 

All Stock Must be Plainly Designated. 

Sec. 6. From and after the 15th day of April, 1909, it shall 
be unlawful for any corporation or any officer, agent, or di¬ 
rector thereof, owning, claiming, leasing, or working, or de¬ 
veloping any mining property in the State, to issue any writ¬ 
ten or printed certificate representing one or more shares of 
its stock, or to sell or offer for sale any certificate thereafter 
issued by any such corporation, upon which certificate is not 
stamped or printed the words “Treasury Stock” or “Pro¬ 
motion Stock” as defined and required by the provisions of 
this Act, and it shall be unlawful for any person, or any 
officer, agent, or director of any corporation subject to this 
Act to so stamp or print any such certificate as “Treasury” 
stock when in fact the same represents “Promotion” stock, or 
to so stamp or print any such certificates “Promotion” stock 
when in fact the same represents “Treasury” stock, as said 
classes of stock are defined by Section 5 hereof. 

This Act Mandatory—Penalties. 

Sec. 7. Each and every provision of this Act is hereby 
declared to be mandatory, and the officer or agent of any min¬ 
ing corporation subject to the provisions hereof who shall fail 
or neglect to execute and to file the statements or affidavits 
required by sections 1 and 2 of this Act, or to otherwise comply 
with all other provisions hereof, or who shall willfully do or 
perform any act or thing herein declared to be unlawful, shall 
be deemed guilty of a misdemeanor, and shall upon conviction 
be fined in any sum not less than $100 nor more than $500, or 
shall be imprisoned in the county jail for a period of not less 
than fifty days, nor more than six months, or be punished by 
both such fine and imprisonment. 

Further Penalties. 

Sec. 8. Any person who shall act as agent for any foreign 
corporation, subject to the provisions of this Act, that has not 
strictly complied with sections one and two hereof shall be 


114 


MINING LAWS OF NEVADA 


deemed guilty of a misdemeanor, and shall be fined in any sum 
not less than $100 nor more than $500, or be confined in the 
county jail for a term of not less than fifty days nor more than 
six months, or by both such fine and imprisonment. 

Same. 

Sec. 9. Every corporation, domestic and foreign, violating 
any of the provisions or requirements of this Act shall forfeit 
to the State of Nevada the sum of one thousand ($1,000) dol¬ 
lars and cost of suit, to be recovered in an action in the name 
of the State instituted by the Attorney-General, or any District 
Attorney at the request of the Attorney-General; nor shall any 
such corporation failing to comply with Sections 1 and 2 of this 
Act maintain or defend any action in any court of this State; 
provided, that upon the production of a certificate of the 
County Recorder that the statements and affidavits required by 
said sections have been duly filed (except as to the time the 
same was required to be filed) any such action may be main¬ 
tained or defended; provided, that the provisions of this Act 
shall not apply to any action now pending. 

Same. 

Sec. 10. Any person, other than those mentioned in Section 
7 of this Act, who shall violate any provision hereof shall be 
deemed guilty of a misdemeanor, and shall be punished by a 
fine of not less than $100 nor more than $500, or by imprison¬ 
ment in the county jail not less than fifty days nor more than 
six months, or by both such fine and imprisonment. 

District Attorneys and Attorney-General Must Prosecute. 

Sec. 11. The District Attorney of each county in this State 
shall strictly enforce the provisions of this Act, and in the 
event of the failure or refusal of any such officer so to do when 
complaint is duly made and sufficient legal evidence is obtain¬ 
able, he shall be deemed guilty of a misdemeanor in office and 
subject to removal and punishment, as otherwise provided by 
law, and it shall be the duty of the Attorney-General, in such 
case, to forthwith prosecute such violation of this Act, and 
to proceed to prosecute such District Attorney for misdemeanor 
in office as aforesaid. 

MINERAL LAND COMMISSIONER. 

Chapter xx. An Act creating the office of Mineral Land 
Commissioner, defining his duties, etc. (Approved February 
26, 1907.) 

This law provides that Attorney-General shall be ex-officio 
Mineral Land Commissioner, and shall see that no mineral 
lands shall be patented on agricultural entries. Too long for 
this book. See page 39, Session Laws of Nevada, of 1907. 


MINING LAWS OF NEVADA 


115 


FALSE DATE ON LOCATION NOTICE. 

An Act approved March 29, 1907, makes it a felony to ante¬ 
date or put any false date, or date other than the one on which 
location is made, on any location notice. 


PURCHASE OF ORES. 

For an Act regarding purchases of ores, see Laws of 1907, 
page 365. 


RECOVERY OF STOLEN ORE. 

An Act approved March 29, 1907, provides for recovery of 
stolen ore. Laws of 1907, page 416. 


NEVADA 

PRELIMINARY NOTICE FOR POSTING. 

Notice is hereby given that we,., 

being each native born citizens of the United States, have on 

this.day of., 19..., discovered a lode 

bearing gold, silver and other valuable deposits, and have 

named the same the.Lode. 

The course of the lode is.and we claim 

.hundred feet on the vein.of the point 

where the discovery was made, and upon which this notice is 

posted, and.hundred feet.from said place 

of discovery; and we claim three hundred feet on each side of 
the center of the vein. 

Dated and posted on the ground this.day of.19.. .. 


Act 1897, Sec. I. Any person, a citizen of the United States, or one who has 
declared his intention to become such, who discovers a vein or lode, may locate 
a claim upon such vein or lode by defining the boundaries of the claim in manner 
hereinafter described, and by posting a notice of such location at the point of dis¬ 
covery, which notice must contain: First—The name of the lode or claim. Sec¬ 
ond—The name of the locator or locators. Third—The date of the location. 
Fourth—The number of linear feet claimed in length along the course of the vein, 
each way from the point of discovery, with the width on each side of the center 
of the vein, and the general course of the vein or lode as near as may be. 














116 


MINING LAWS OF NEVADA 


NEVADA 

LOCATION CERTIFICATE.—LODE CLAIM. 

We, ... being 

native born citizens of the United States, hereby declare: 

That on the.day of., 19..., we discovered 

and located a lode bearing gold, silver and other valuable de¬ 
posits, and on the same day posted our notice of location at 

the place of discovery, and named the lode the. 

.Lode. 

That the general course of the vein is.and 

.., and we claim.hundred 

feet on the veinf .., and.hundred feett. 

from.the point of discovery, and 

three hundred feet on each side of the center of the vein. 

That the discovery shaft is located at., 

and is... .feet deep and.feet long and 

.feet wide, and discloses a well-defined crevice, lode 

or vein. 

That the claim is located in the.Mining 

District, in.County, State of Nevada, 

being situated about # ... 

That the following is a description of said location as marked 

on the ground: Commencing at the. 

of said claim, a., from 

which initial point the discovery monument is distant about 

.feet in a. 

direction; thence running * * **. 

Dated., 19. ... 


NOTE.—fHere put in North, South, East or West, as the case may he. 

*Here refer to some natural object or permanent monument, so as to identify 
the locality of the claim, in compliance with Sec. 2324, Revised Statutes of the 
United States, and Sec. 3 of the Act of 1897, Nevada. A road, house, tree, known 
mountain or peak, government corner, mill, or known mining claim, etc., are such 
objects or monuments, as “about one mile directly east from Jim Budd’s quartz 
mill, and about 400 rods west from the Lone Star Mine,” etc. 

**Here follows description of claim, for instance: “Thence running 600 feet 
northwesterly to the northwest corner of said claim, at which is a mound of rocks 
four feet high, marked so-and-so (if marked); thence 1,500 feet southwesterly to 
the southwest corner of said claim, a mound of rocks,’’ etc.; so going around the 
claim to point of beginning. 































MINING LAWS OF NEVADA 


117 


o (3 
O o 

a 


End 

Monument 

-0- 


g 

2 ° 

Og2 

B g 
£ © 


300 ft. O * 300 ft. 


* 


© 3 

el 


° 3 

© o 


1o 


§ & 
[g ® 

s tr 
2 5 ' 
2- ® 


End 

Monument 


s 

2 ° 
5 ° 

03 g 


This diagram is to give locator a general idea of plan of 
location. The Discovery Shaft can be in the center of claim 
or any distance from either end desired. In the diagram it is 
placed 500 feet from one end and 1000 feet from the other. 
Commence description of claim at a center end monument, giv¬ 
ing its distance and direction from center of Discovery Shaft; 
thence bound the claim in either direction. In description be 
careful to state locality of claim with reference to some natural 
object, or permanent monument, as will identify the claim. 










118 


MINING LAWS OF NEVADA 


NEVADA 

NOTICE OF LOCATION OF PLACER CLAIM. 

Notice is hereby given, That.. 

citizen. . of the United States, h... this.day of 

., 19. .., discovered a valuable placer deposit 

within the limits of this claim; that by virtue of said dis¬ 
covery . 

ha., located, and hereby locate and claim the following de¬ 
scribed land, situate in.Mining District,. 

County, Nevada, to-wit: *. 

of section., Township., Range. 

., containing.acres.f Said claim is 

hereby named.Placer Claim. Said claim 

is marked upon the ground as follows: $. 

This notice is posted on a mound of rocks at the point of 

discovery, situated §. 

Dated and posted on the ground, this... .day of., 19. ... 

II. 


Locator. 


*The statute provides that the locator must give “a description of the claim by 
reference to legal subdivisions of sections, if the location is made in conformity 
with the public surveys; otherwise a description with reference to some natural 
object or permanent monument as will identify the claim.” 

tWhen not described by legal subdivisions, the description should conform to 
that contained in the final certificate or location of a lode claim. 

$The statute provides that, whether described by legal subdivisions or not, the 
location shall be marked by the locator on the ground, and as the affidavit to be 
filed later is not required to contain a description of the claim, we think this notice 
should state how the location is marked; as, for instance, ‘‘At the N. E. corner of 
said tract a mound of rocks 3 ft. high, marked so-and-so (if marked), and at the 
N. W. corner a stake in a mound of rocks, marked,” etc., and so on for each 
monument enclosing the claim. 

§Here state where the discovery is located, as, for instance, ‘‘20 ft. S. W. of 
the N. E. corner monument.” 

11A duplicate of this notice must be filed for record with the county recorder 
within thirty days from the discovery; and the locator is allowed thirty days to 
mark his location on the ground. Within sixty days the locator must do work 
upon this claim to the amount of at least $20, and file an affidavit with the county 
recorder showing such performance. 


AFFIDAVIT OF ANNUAL LABOR. 


For this form use same as given for Arizona—ante. 





















TO ATTORNEYS 


I would advise you that I have in my office a complete set of 
Arizona Statutes, decisions and forms which you are welcome 
to use at any time. 

I have associates, mostly attorneys, who can act as agents for 
corporations, in all the principal towns of Arizona, and I can 
thus quickly and carefully assist you to incorporate. Corres¬ 
pondence with attorneys on Arizona practice will be cheerfully 
answered to assist them in their business. I was for many 
years District Attorney in Arizona and have been in this line 
of business for 20 years. You can save yourself a great deal of 
trouble and possible error by handing or sending your original 
articles (and two copies) to me, and my associate in Arizona 
will attend to filing and publishing and return all papers to you 
promptly. 

We are also prepared to hold stockholders’ meetings any¬ 
where in Arizona by proxy when desired. 

If you have occasion to associate counsel with you in any 
mining litigation in Arizona, I would have you know that either 
my father, Gen. Thos. F. Wilson, or myself attend all terms of 
Court in Phoenix (Maricopa County), Yuma (Yuma County), 
Nogales (Santa Cruz County), Florence (Pinal County), Tomb¬ 
stone (Cochise County), and Tucson (Pima County). We have 
had from fifteen to twenty years’ experience in mining litiga¬ 
tion in Arizona. 

We can also assist you to obtain patents to mining claims or 
agricultural entries either through the local U. S. Land Offices 
at Phoenix, Arizona, or Los Angeles, California, or the Depart¬ 
ments in Washington. 

Gen. Thos. F. Wilson resides at Tucson, Arizona, where he 
was United States Attorney. We will be glad to be associated 
in any class of general law business you may have in Arizona. 

I refer by permission to Hon. W. J. Ilunsaker, Hon. E. W. 
Camp and Messrs. Works, Lee & Works, Attorneys, Los An¬ 
geles, California. 

CALVERT WILSON,. 

Attorney at Law, 

Los Angeles, California. 

350 Wilcox Building. Home Phone A1851. 


Northwest 

Smelting and Refining Co. 

SUMPTER, OREGON 

Purchasers and Smelters of 

Gold, Silver and Copper Ores and 
Concentrates 
Mattes and Bullion 


Thoroughly Modern Equipment for Rapid and 
Accurate Sampling 

For Terms, Treatment Charges, etc., address 

F. W. SCOFIELD 

General Manager 

SUMPTER - - - - OREGON 




OREGON MINING LAWS 

As Contained in “Lord’s Oregon Laws” and Amendments 
Relating to Mines and Mining to May 1, 1911. See also 
U. S. Laws. 

(All section numbers refer to “Lord’s Oregon Laws.” 

CONSTITUTIONAL PROVISION. 

Chinamen Not to Hold Real Estate or Work Mining Claims. 

No Chinaman, not a resident of the State at the adoption 
of this constitution, shall ever hold any real estate or mining 
claim, or work any mining claim therein. 

The legislative assembly shall provide by law in the most 
effectual manner for carrying out the above provision. (Art. 
XV, Or. Const.) 

4 Saw. 28. 

PENAL LAWS. 

Malicious Injury to Water Ditch, Reservoir, etc.—Penalty. 

Sec. 1975. If any person shall maliciously, wantonly, or 
willfully cut, break down, injure, destroy, or remove any water 
ditch, canal, flume, trench, pipe, or reservior, or any other 
thing used for conveying, receiving, or holding water used or 
designed for mining, irrigating, manufacturing, or domestic 
purposes; or any dam, reservoir, gate, flume, dashboard, or other 
appurtenance used or designed for any of said purposes, or 
any wheel, wheel gear, or machinery of any mill or manufactory 
or machinery used for pumping water for any of said purposes, 
or shall maliciously or without color of right obstruct, draw 
off, or use any portion of the water' dowing through or con¬ 
tained in such water ditch, canal, trench, pipe, dam, or reser¬ 
voir, or any mill pond or other receptacle used for containing 
such water, said person, upon conviction thereof, shall be pun¬ 
ished by a dne of not less than $10 nor more than $500. 

L. 1905, p. 255, Sec. 1. 

Mining Claim Monuments, Injury to—Penalty. 

Sec. 1981. If any person or persons shall willfully and 
maliciously deface, remove, pull down, injure, or destroy any 
location stake, side post, corner post, landmark, or monument, 
or any other legal land boundary monument in this State, 
designating or intending to designate the location boundary or 
name of any mining claim, lode, or vein of mineral, or the 
name of the discoverer, or date of discovery thereof, the per¬ 
son or persons so offending shall be guilty of a misdemeanor, 
and on conviction thereof shall be punishable by a dne of not 
more than dve hundred dollars ($500), or by imprisonment in 


122 


MINING LAWS OF OREGON 


the county jail for a period of not more than six months, or 
by both such fine and imprisonment, in the discretion of the 
court; provided, that this act shall not apply to abandoned 
property. 

L. 1901, p. 175, Sec. 1. 

Trespass on Mining Claims—Penalty. 

Sec. 1989. Any person who shall break or rob in any man¬ 
ner, or who shall attempt to break or rob, any flume, rocker, 
quartz mill, quartz vein, or lode, bed rock sluice, sluice box, 
or mining claim not his own, or who shall trespass upon such 
mining claim with the intent to commit a felony, shall, upon 
conviction thereof, be punished by imprisonment in the peni¬ 
tentiary of this State not less than one nor more than five 
years, or by fine not less than one hundred dollars nor more 
than one thousand dollars, or by both such imprisonment and 
fine, as the court or judge thereof may direct. 

L. 1872, p. 24, Sec. 1. 

Disposing of Liquor Near Mine Unlawful. 

Sec. 2139. It shall be unlawful for any person or persons 
to sell or in anywise dispose of any spirituous or malt or in¬ 
toxicating liquors upon or within one mile of any quartz or 
placer mine in active operation within this State; provided, 
that this act does not apply to incorporated cities and towns. 

L. 1901, p. 292, Sec. 1. 

Penalty for Offenses Under Preceding Section. 

Sec. 2140. Any person or persons violating the provisions 
of this act shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be fined in any sum not less than fifty 
dollars nor more than two hundred dollars, and each and every 
day that any person or persons shall sell or dispose of any 
liquors contrary to any provisions of this act shall constitute 
a separate offense, and shall be punished accordingly. 

L. 1901, p. 292, Sec. 2. 

MINING ON LANDS BELONGING TO STATE OF OREGON. 

(Chapter II,Title XXXI of “Lord’s Oregon Laws,” Sections 
3878 to 3900, provide for State Land Board and Sale and Lease 
of State Lands—at Sec. 3900 commences law for leasing of such 
lands containing mineral.) 

State Land Board May Make Mining Leases on State Lands. 

Sec. 3900. The State Land Board is hereby authorized to 
execute leases and contracts for the mining of gold, silver, 
copper, lead, cinnabar, or other valuable minerals from any 
lands which the State now owns and to which it may hereafter 
acquire title, and shall make such rules and regulations as 
may be necessary in carrying out the provisions of this act. 

L. 1907, p. 214. 


MINING LAWS OF OREGON 


123 


Finder of Mineral May Make Application. 

Sec. 3901. Any citizen of the United States finding precious 
minerals upon any unsold lands of the State of Oregon, may 
apply to the State Land Board for a lease of any amount of 
land not to exceed the amount and dimensions allowed by the 
mining laws of the State and the United States. 

L. 1907, p. 214. 

Mineral Claim on State Land, How Located. 

Sec. 3902. The manner of locating a mineral claim upon 
State land shall be in accordance with the laws of the State 
regulating the location of mineral claims on government lands; 
provided, that any citizen or citizens who may have found 
minerals on unsold State lands previous to the passage of this 
act, and posted notices in accordance with the mining laws of 
the State of Oregon and the United States, shall have prefer¬ 
ence right to lease the same, and shall have ninety (90) days 
after the passage of this act, in which to make application to 
the State Land Board for such lease. 

L. 1907, p. 214. 

Lease for Development—Conditions. 

Sec. 3903. For the purpose of developing such mine or 
mines, the applicant shall, upon payment of $25, receive from 
the State Land Board a lease for two years; provided, how¬ 
ever, that no more than five tons of ore shall be removed from 
the premises for assaying or testing purposes until a contract 
shall have been executed, as hereinafter provided. 

L. 1907, p. 214. 

Lessee May Use Timber on Premises. 

Sec. 3904. The lessee may cut and use the timber found 
upon said premises for fuel, and in the construction of build¬ 
ings required in the operation of any mine, or mines, on the 
premises, also the timber necessary for drains, tramways and 
supports for such mine, or mines, but for no other purpose. 

L. 1907, p. 214. 

Contract With Lessee or Assignee. 

Sec. 3905. Any time prior to the expiration of said lease, 
the lease holder or any assignee thereof, shall have the right 
to obtain from said State Land Board a contract, which shall 
bind the State of Oregon as a party of the first part, and the 
person or persons, or corporations, to whom said contract shall 
issue, as party of the second part, in a mutual observance of 
such obligations, terms, and conditions as may be agreed upon 
by said State Land Board and the said lessee. 

L. 1907, p. 214. 

Lease and Payments Forfeited for Fraud. 

Sec. 3906. When the lessee commits fraud, the penalty shall 


124 


MINING LAWS OF OREGON 


be the forfeiture of the mine, or mines, and all property per¬ 
taining thereto, and all moneys paid thereon. 

L. 1907, p. 215. 

Waste or Trespass on State Lands—Penalty. 

Sec. 3907. (This section provides penalty for waste or tres¬ 
pass on State lands—see “Lord’s Oregon Laws,” Yol. 2, p. 
1541.) 

(Note.—Persons desiring to lease mining lands belong¬ 
ing to the State of Oregon should correspond with State 
Land Board, Salem, Oregon, with regard thereto.) 

HOURS OF LABOR. 

Hours of Labor in Underground Mines. 

Sec. 5058. No person who operates any underground mine 
yielding gold or silver or copper or lead, or other metal shall 
permit or require any person to work in such underground 
mine for more than eight hours in any twenty-four hours, and 
the hours of employment in such employment or work day 
shall be consecutive excluding, however, any intermission of 
time for lunch or meals; but, in the case of emergency, where 
life or property is in imminent danger, persons may work in 
such underground mines for a longer time during the con¬ 
tinuance of the exigency or emergency. This act shall not 
apply to mines in their first stages of development, such as 
tunnel work to a length of 200 feet, or shaft work to a depth 
of 150 feet, or to any surface excavation. 

L. 1907, p. 311. 

Penalty for Violations. 

Sec. 5059. Any person, persons, body corporate, general 
manager or employer who shall violate, or cause to be violated 
any of the provisions of section 5058 of this act, shall be deemed 
guilty of a misdemeanor and, upon conviction, shall be pun¬ 
ished by a fine of not less than $50, nor more than $300, or 
by imprisonment of not less than thirty days, nor more than 
three months. And the court shall have discretion to impose 
both fine and imprisonment as herein provided. 

L. 1907, p. 311. 

MINING CLAIMS. 

Mining Claims, Plurality of—When and to What Extent 
Allowed. 

Section 5127. Any person may hold one claim by location, 
as hereinafter provided, upon each lead or vein, and as many 
by purchase as the local laws of the miners in the district 
where such claims are located may allow; and the discoverer 
of any new lead or vein not previously located upon shall be 
allowed one additional claim for the discovery thereof; noth¬ 
ing in this section shall be so construed as to allow any per- 


MINING LAWS OF OREGON 


125 


son not the discoverer to locate more than one claim upon 
any one lead or vein. 

L. 1864, p. 813, Sec. 3. 

Location of Claim—Notice, What to Contain—Boundaries, 

How Marked. 

Sec. 5128. Any person, a citizen of the United States, or 
one who has declared his intention to become such, who dis¬ 
covers a vein or lode of mineral-bearing rock in place upon 
the unappropriated public domain of the United States within 
this State, may locate a claim upon such vein or lode so dis¬ 
covered by posting thereon a notice of such discovery and 
location, which said notice shall contain: first, the name of 
the lode or claim; second, the name or names of the locator or 
locators; third, the date of the location; fourth, the number 
of linear feet claimed along the vein or lode each way from 
the point of discovery, with the width on each side of the 
said lode or vein; fifth, the general course or strike of the vein 
or lode as nearly as may be, with reference to some natural 
object or permanent monument in the vicinity thereof, and by 
defining the boundaries upon the surface of each claim so that 
the same may be readily traced. Such boundaries shall be 
marked within thirty days after posting such notice by six 
substantial posts, projecting not less than three feet above the 
surface of the ground, and not less than four inches square 
or in diameter, or by substantial mounds of stone, or earth 
and stone, at least two feet in height, to-wit: one such post 
or mound of rock at each corner and at the center ends of 
such claims. 

L. 1898, p. 16, Sec. 1; L. 1901, p. 140, Sec. 1. (Amending, 
see Sec. 5140.) 

Mineral land that has been regularly located and has for many years been 
in possession of persons claiming to own it is not public land subject to location. 
Risch v. Wiseman, 36 Or. 484, 59 Pac. 1111. 

The discoverer of a lode must, in the absence of some local rule of miners 
or legislative regulation allowing time for exploration, immediately locate his claim 
by distinctly marking same on the ground so that his boundaries can be readily 
ascertained. Patterson v. Tarbell, 26 Or. 29, 37, Pac. 76. 

Where a discoverer proceeds diligently to complete his location by marking 
his boundaries and otherwise complying with the law he will be protected in his 
right as against a subsequent locator of the same ground; but where he does 
not so proceed, if his location is not completed, he will not be so protected. Patter¬ 
son v. Tarbell; 26 Or. 33, 37 Pac. 76. 

As to the right of an alien to inherit a mining claim located upon govern¬ 
ment lands. Lohmann v. Helmer, 104 Fed. 178. 

Recording Copy of Notice—Location Work. 

Sec. 5129. Such locator shall, within sixty days from and 
after the posting of the location notices by him upon the lode 
or claim, file for record with the recorder of conveyances, if 
there be one, who shall be the custodian of mining records 
and miners’ liens, otherwise with the clerk of the county 
wherein the said claim is situated, a copy of the notice so posted 
by him upon the lode or claim, having attached thereto an 
affidavit showing that the work required to be done by sec¬ 
tion 5130 has been done and performed, and shall pay to the 


126 


MINING LAWS OF OREGON 


recorder or clerk a fee of one dollar for such record thereof, 
which said sum the recorder or clerk shall immediately pay 
over to the treasurer of such county and shall take his receipt 
therefor, as in case of other county funds coming into the 
possession of such officer. Such recorder or clerk shall im¬ 
mediately record such location notice and the affidavit annexed 
thereto. No location notice shall be entitled to record, or 
recorded, until the work required by section 5130 has been 
done and the affidavit in proof thereof is attached to the notice 
to be recorded. 

L. 1898, p. 17, Sec. 2; L. 1901, p. 140, Sec. 2. 

Work on Claim, What Required and Within What Time. 

Sec. 5130. Before the expiration of sixty days from the 
date of the posting of the notice of discovery upon his claim 
as aforesaid, and before recording the notice of location as 
required by section 5129, the locator must sink a discovery 
shaft upon the claim located to a depth of at least ten feet 
from the lowest part of the rim of such shaft at the surface, 
or deeper if necessary, to show by such work a lode or vein 
of mineral deposit in place. A cut or crosscut or tunnel which 
cuts the lode at a'depth of ten feet, or an open cut at least 
six feet deep, four feet wide and ten feet in length along the 
lode from the point where the same may be in any manner 
discovered, is equivalent to such discovery shaft. Such work 
shall not be deemed a part of the assessment work required 
by the Revised Statutes of the United States. The locator, 
or some one for him who did work upon and has knowledge 
of the facts relating to the sinking of the discovery shaft, 
shall make and attach to the copy of the notice of location to 
be recorded an affidavit showing the compliance by the locator 
with the provisions of this section, wdiich affidavit shall be 
recorded with such copy of the location notice. 

L. 1898, p. 17, Sec. 3; L. 1901, p. 141, Sec. 3. 

Abandoned Claims Deemed Unappropriated Mineral Lands. 

Sec. 5131. Abandoned claims shall be deemed unappropri¬ 
ated mineral lands, and titles thereto shall be obtained as in 
this act specified, without reference to any work previously 
done thereon. 

L. 1898, p. 17, Sec. 4. 

Mining Claims Are Real Estate. 

Sec. 5132. All mining claims, whether quartz or placer, 
shall be real estate, and the owner of the possessory right 
thereto shall have a legal estate therein within the meaning 
of section 325. 

L. 1898, p. 17, Sec. 5; L. 1899, p. 62, Sec. 1. 

A mining claim being real estate, upon the death of the 

owner passes at once to the heir. 


MINING LAWS OF OREGON 


127 


Lohmann v. Helmer, 104 Fed. 178; Duffy v. Mix, 24 Or. 
265, 33 Pac. 807; Allen v. Dunlap, 24 Or. 229, 33 Pac. 
675; Herron v. Eagle Min. Co., 37 Or. 157, 61 Jac. 417. 
Taxation, Claim Exempt From, Prior to Patent. 

Sec. 5133. Prior to the obtaining of patent from the general 
government of the United States to such claim, the same shall 
be exempt from taxation, except as to the improvements, 
machinery, and buildings thereon. 

L. 1898, p. 17, Sec. 6. 

Conveyances, Subject to Provisions Relating to Other Real 
Property. 

Sec. 5134. All conveyances of mining claims, or of interests 
therein, either quartz or placer, shall be subject to the pro¬ 
visions governing transfers and mortgages of other realty as 
to execution, recordation, foreclosure, execution sale, and re¬ 
demption thereunder, but such redemption by the judgment 
debtor must take place within sixty days from date of con¬ 
firmation, or such right is lost. 

L. 1898, p. 17, Sec. 7. 

Redemption, Amount Required to be Paid on. 

Sec. 5135. In case of redemption from sale under judg¬ 
ment or decree, the redemptioner shall pay such sum or sums 
as are now required by law for redemption under execution 
sale, and such additional sum as may have been expended upon 
the property so redeemed by the purchaser under execution, 
or his assigns, in order to keep alive the possessory right there¬ 
to after such execution sale, not exceeding the sum of one 
hundred dollars for each claim, with ten per centum interest 
thereon from date of such expenditure or expenditures. 

L. 1898, p. 18, Sec. 8. 

Ditches and Mining Flumes Real Property—Abandonment of. 

Sec. 5136. Ditches and mining flumes, permanently affixed 
to the soil, are hereby declared to be real estate; provided, that 
whenever any person, company, or corporation, being the own¬ 
er of any such ditch, flume, and the water right appurtenant 
thereto, shall cease to operate or exercise ownership over said 
ditch, flume, or water right, for a period of five years, and every 
person, company, or corporation who shall remove from this 
State with the intent or purpose to change his or its residence, 
and shall remain absent one year without using or exercising 
ownership over such ditch, flume, or water right, shall be 
deemed to have lost all title, claim, and interest therein. 

L. 1898, p. 18, Sec. 9. Mattis v. Hosmer, 37 Or. 531, 535, 
62 Pac. 17, 632. Ison v. Nelson Min. Co., 47 Fed. 202. 
Dodge v. Marden, 7 Or. 457, 48 Or. 112. 

Act Applies to Locations Subsequent to Last Day of Decem¬ 
ber, 1898. 

Sec. 5137. Any and all locations or attempted locations of 
quartz mining claims within this State subsequent to the thir- 


128 


MINING LAWS OF OREGON 


ty-first day of December, 1898, that shall not comply and be 
in accordance with the provisions of this act shall be null and 
void. 

L. 1898, p. 18, Sec. 10. 

Grub Staking Contracts Must be in Writing—Requirements of. 

Sec. 5138. All contracts of mining copartnership, common¬ 
ly known as “grub staking,” shall be in writing, and filed for 
record with the recorder of conveyances of the county wherein 
locations thereunder are made. Such contracts must contain: 
First—the names of the parties thereto, and, Second—the du¬ 
ration thereof; otherwise, such contracts shall be null and void. 

L. 1898, p. 18, Sec. 11. 

Mines, Location of, Subject to What Prior Right. 

Sec. 5139. Any location of any mining claim made upon 
any natural stream, or contiguous or near to any placer mine, 
or upon or below the dump of any placer mine, shall be sub¬ 
ject to the prior right of all mines in operation prior to the 
making of such location, to discharge debris, gravel, earth, and 
slickens as the same was discharged, or may be discharged, at 
the time of making such subsequent location of mining claim 
or claims. 

L. 1901, p. 122, Sec. 1. 

Defective Location Notice, How Cured. 

Sec. 5140. If at any time the locator of any mining claim 
heretofore or hereafter located, or his assigns, shall apprehend 
that the original notice of location of said mining claim was 
defective, erroneous, or that the requirements of the law had 
not been complied with before the filing of the said notice, 
such locator, or his assigns, may post and file for record in 
the manner now provided by law, an amended notice of the 
said location which shall relate back to the date of the original 
location; provided, that the posting and filing of such amended 
notice of location shall not interfere with the existing rights 
of others at the time of posting such amended notice of location. 

L. 1905, p. 254, Sec. 1. (See Secs. 1981, 1989.) 

Co-Owners of Mine May Perform Assessment Work. 

Sec. 5141. Whenever any quartz or placer mines shall be 
owned by one or more persons, companies, or corporations, or 
when any person, company or corporation shall own any quartz 
or placer mines, in common with any other person, company, 
or corporation, any such person, company, or corporation own¬ 
ing an interest in said mine or mines, whether said interest be 
legal or equitable, shall have the right to perform the annual 
assessment work required by the laws of the United States and 
of the State of Oregon to be performed upon such mine or 
mines; such work, when so performed, shall, when it complies 
with the laws of the United States and of the State of Oregon, 
protect such mine or mines from relocation. 


MINING LAWS OF OREGON 


129 


Notice and Demand Upon Delinquent Owners. 

Sec. 5142. Upon the failure of any one of several co-owners 
of such mine or mines to contribute his proportion of the expen¬ 
ditures required in such assessment work, or to perform or pay 
for his or their proportion thereof, the co-owner or co-owners of 
such mine or mines who have performed or caused to be per¬ 
formed the said labor or assessment work, may, at the expira¬ 
tion of the year for which such assessment work was per¬ 
formed, give such delinquent co-owner or co-owners notice that 
the assessment work for said year has been performed, stating 
by whom performed, and the amount of work performed, and 
the dates between which the same was performed, together 
with a statement of the amount due from said delinquent co¬ 
owner or co-owners for his or their proportion of said assess¬ 
ment work, and requiring said delinquent co-owner or co¬ 
owners, within ninety days from the date of the service of 
said notice, to pay to the co-owner or co-owners who performed 
or caused to be performed such assessment work, his or their 
proportion thereof. Such notice shall further state that if 
such delinquent co-owner or co-owners shall fail or refuse to 
contribute his or their proportion due for the said assessment 
work, his or their interest in said mine or mines will become 
the property of such co-owner or co-owners who have per¬ 
formed or caused to be performed such assessment work. 

Form and Service of Such Notice. 

Sec. 5143. Such notice shall be in writing and signed by the 
co-owner or co-owners who performed or caused to be performed 
such assessment work, and shall be served upon said delinquent 
co-owner or co-owners, personally, by the sheriff of the county 
in which said mines are situate, if said delinquent co-owner or 
co-owners be within said county. If said delinquent co-owner 
or co-owners can be found in any other county within the 
State of Oregon, then such notice shall be served by the sheriff 
of such county in which said delinquent co-owner or co-owners 
then are. If said delinquent co-owner or co-owners can not 
be found within the State of Oregon, or if said delinquent 
co-owner or co-owners be at the time of giving said notice 
without the State of Oregon, then the service of said notice 
shall be made by the publication thereof in the weekly news¬ 
paper published in said county nearest to where said mines 
are situate; if there be two or more papers published in said 
county at the same distance from said mines, then the co-owner 
or co-owners giving such notice may elect as to which paper 
said notice shall be published in. If there be no weekly news¬ 
paper published within said county, then service of said notice 
shall be made by publication in any other weekly newspaper 
within the State of Oregon, published nearest the said mines; 
said notice shall be published at least once a week for a period 
of ninety days from and after the first publication thereof. 


130 


MINING LAWS OF OREGON 


Return and Proof of Service. 

Sec. 5144. If said notice shall be served by any sheriff 
of this State, as herein provided, such sheriff shall make 
return thereof by filing such notice with his return show¬ 
ing such service with the county recorder for the county 
within which such mine or mines are situate, if there 
be a county recorder in said county; and, if not, he shall 
file the same with the county clerk in such county in which 
said mine or mines are situate. If personal service of such 
notice cannot be had, as herein provided, proof of such service 
shall be made by the filing with the county recorder of the 
county in which said mine or mines are situate, if there be a 
county recorder, and if there be no county recorder in said 
county, then by filing with the county clerk of said county 
said notice as published, attached to an affidavit, made by the 
printer, foreman, or publisher of such newspaper, to the effect 
that such newspaper is of general circulation throughout said 
county, is published weekly, and that such notice was pub¬ 
lished at least once a week in said newspaper for a period of 
not less than ninety days from and after the first publica¬ 
tion thereof. 

Interest of Delinquent Co-Owners to Vest in Others. 

Sec. 5145. That at the expiration of ninety days from the 
date of the personal service of said notice upon said delinquent 
co-owner or co-owners, or, if at the expiration of ninety days 
from the date of the last publication of said notice, said delin¬ 
quent co-owner or co-owners shall not have paid to the co¬ 
owner or co-owners who performed or caused to be performed 
such assessment work, his or their proportion thereof, then 
the title to the interest of said delinquent co-owner or co¬ 
owners in said mine or mines shall be immediately vested in 
the co-owner or co-owners who performed or caused to be per¬ 
formed such assessment work. 

Co-Owners Performing Work to File Notice, etc. 

Sec. 5146. The co-owner or co-owners who performed such 
assessment work shall be entitled to file with the county re¬ 
corder of the county where said mines are situate, or, if there be 
no county recorder in said county, then with the county clerk of 
said county, his or their affidavit or affidavits to the effect that 
said payment has not been made; and upon the filing of such 
affidavit or affidavits said county recorder or county clerk, as 
the case may be, shall record such notice; proof of service 
thereof, and affidavit or affidavits in a book kept by him for 
such purpose, and shall then and there issue to such co-owner 
or co-owners who shall have performed or caused to be per¬ 
formed such assessment work, a certificate to the effect that he 
has filed and recorded said notice, proof of service, and affi¬ 
davit or affidavits of non-payment, and to the effect that such 
co-owner or co-owners who have performed or caused to be 


MINING LAWS OF OREGON 


131 


performed such assessment work, have become and are the 
owners of all of the right, title, and interest of said delinquent 
co-owner or co-owners of said property. 

Fee for Issuance of Certificate. 

Sec. 5147. Such certificate shall not be issued until such co¬ 
owner or co-owners entitled to the same shall have paid to the 
said county recorder or county clerk, as the case may be, a 
fee of $1 for such certificate. 

Counter Affidavits, Suit, Decree, etc. 

Sec. 5148. If prior to the issuing of such certificate, there 
shall be filed with said county recorder or county clerk an affi¬ 
davit or affidavits to the effect that such payment has not been 
made by such delinquent co-owner or co-owners, and there shall 
also within said time have been filed with said county recorder 
or county clerk an affidavit by the delinquent co-owner or co¬ 
owners that such payment has been made, then said county 
recorder or county clerk, as the case may be, shall not issue 
such certificate, but such parties shall be left to establish such 
fact by suit to quiet the title to said premises, and if, in such 
suit, it shall appear either that the assessment work was not 
performed by the co-owner or co-owners claiming to have per¬ 
formed the same, or that the delinquent co-owner or co-owners 
have performed or paid his or their proportion of said assess¬ 
ment work, then a decree shall be entered in said suit to that 
effect; but if, in said suit, it shall be established that said 
assessment has been performed by or has been caused to be 
performed by the co-owner or co-owners claiming to have per¬ 
formed, or caused the same to have been performed, and that 
the delinquent co-owner or co-owners have not performed their 
proportion thereof, or have not paid their proportion thereof, 
then a decree shall be entered therein decreeing the co-owner 
or co-owners who have performed said assessment work to be 
the owner or owners of all of the interest of said delinquent 
co-owner or co-owners in said premises, which decree shall be 
entitled to record in the miscellaneous records kept by the 
county recorder or county clerk in said county, and shall 
be indexed in the index with the record of deeds and mining 
conveyances for said county. 

Certificate, Force and Effect. 

Sec. 5149. Such certificate, when issued as herein provided, 
shall be equivalent to a deed from such delinquent co-owner 
or co-owners of all of their interests in and to all of said mines 
described in such notice, and shall convey the interest of the 
delinquent co-owner or co-owners in said premises to the co¬ 
owner or co-owners who performed or caused to be performed 
such assessment work; such certificate may be introduced in 
evidence in any cause where the ownership of said property 
may become material, and when so introduced shall have the 
same force and effect as would a duly executed and delivered 


132 


MINING LAWS OF OREGON 


deed from such delinquent co-owner or co-owners of said 
premises. 

Certified Copy of Certificate, Notice and Return, etc. 

Sec. 5150. A certified copy of such certificate, and the certi¬ 
fied copy of such notice and return when made and certified to 
by such county recorder or county clerk, as the case may be, 
shall be admissible in evidence in any trial where it is material 
to establish the proof of service of such notice or the ownership 
of said property. Such certificate, when given by such re¬ 
corder or county clerk, shall be entitled to record in the office 
of the officer issuing the same, upon the payment of the same 
fees as are required for the recording of said mining con¬ 
veyances; such county clerk or county recorder, as the case 
may be, shall keep a record book, showing the record of such 
certificates as shall be recorded by him, and upon recording 
the same, shall index the said certificates in a book kept by 
him for that purpose, and shall likewise index the same in the 
deed records of mining conveyances kept by him. Such in¬ 
dexing and recording shall have the same force and effect as 
the indexing and recording of deeds to other real property, 
and shall give like constructive notice. 

L. 1903, p. 326, Sec. 1. 

Disposal of Fees. 

Sec. 5151. All fees collected under this act shall be the 
property of the county in which the same are collected, and 
shall be accounted for by the officer collecting the same, the 
same as other recording fees are accounted for. . 

L. 1903, p. 330, Sec. 2. 

Mine Bell Signals, Code of. 

Sec. 5152. From and after the passage of this act the fol¬ 
lowing bell signals shall be used in all mines in the State of 
Oregon operating a steam, electrical, gasoline, or other hoist¬ 
ing plant, to-wit:— 


1 bell.Hoist (see Rule 2) 

1 bell.Stop (see Rule 2) 

2 bells.Lower (see Rule 2) 

2- 2 bells.Calls top man to collar of shaft 

3 bells.Man to be moved, run slow (see Rule 2) 

3- 1 bells.... .Man to be hoisted, run slow (see Rule 2) 

3- 2 bells.. .Man to be lowered, run slow (see Rule 2) 

4 bells.Move bucket or cage very slow 

4- 1 bells.Start pump 

4-2 bells.Stop pump 

1- 3 bells.Start air compressor 

2- 3 bells..Stop air compressor 

5 bells.Send down tools (see Rule 4) 

6 bells.Send down timbers (see Rule 4) 

7 bells. Accident 















MINING LAWS OF OREGON 


133 


1- 4 bells.Foreman wanted 

2- 2-2 bells Change bucket from ore to water or vice 
versa. 

3- 2-1 bells.Ready to shoot in shaft (see Rule 3) 


Engineer’s signal that he is ready to hoist, raise bucket or 
cage two feet and lower it again (see Rule 3). The bucket 
or cage must be raised from station six feet when not in use, 
notice being given to engineer to that effect, as follows: Ring 
one bell, hoist; and when bucket or cage up six feet, one bell, 
stop. Levels shall be designated and inserted in notice here¬ 
inafter mentioned (see Rule 1). 

L. 1901, p. 151, Sec. 1. 

Rules for Understanding and Enforcing Code of Signals. 

Sec. 5153. For the purpose of enforcing and properly 
understanding the above code of signals, the following rules 
are hereby established: 

Rule 1 —In giving signals make strokes on bell at regular 
intervals. The bar (-) must take the same time as for one 
stroke on the bell, and no more. If timber, tools, the fore¬ 
man, bucket, or cage are wanted to stop at any level in the 
mine, signal, by number of strokes on the bell, the number of 
the level first before giving the signal for timber, tools, etc. 
The time between the signals to be double bars (--). Exam¬ 
ple : 6- -5, would mean, stop at the sixth level with tools; 

2- -3-1, would mean, stop at the second level, man on bucket or 
cage, hoist; 4- -3-1, would mean, stop at the fourth level, man 
on bucket or cage, hoist; 2- -3-2, would mean, stop at the 
second level, man on bucket or cage, lower. 

Rule 2—No person must get on or off the bucket or cage 
while in motion. When men are to be hoisted or lowered, 
give the signal for men; men must then get on bucket or cage; 
then give the signal to hoist or lower. Bell cord must be at 
all times within reach of man on bucket or cage. 

Rule 3 —After the signal, “ready to shoot in shaft,” engi¬ 
neer must give his signal, when he is ready to hoist, i e., raise 
the bucket or cage two feet, then lower it again. Miners must 
then give signal, “men to be hoisted,” then “spit fuse,” get 
on bucket or cage, and give the signal to hoist. 

Rule 4 —All timbers, tools, etc., “longer than the depth of 
the bucket or cage,” to be hoisted or lowered, must be secure¬ 
ly lashed at the upper end to the cable. Miners must know 
that they will ride up or down the shaft without catching on 
rocks or timbers and be thrown out. 

Rule 5 —The foreman will see that one printed sheet of 
these signals and rules for each level, one for the collar of 
the shaft, and one for the engine room, are attached to a board 
not less than twelve inches wide by thirty-six inches long, and 




134 


MINING LAWS OF OREGON 


securely fasten the board up where the signals can be easily 
read at the places above stated. 

L. 1901, p. 152, Sec. 2. 

Disobedience of Rules Precludes Recovery—Rules, etc., to be 

Signed. 

Sec. 5154. The above signals must be obeyed. Any violation 
of the same will be grounds for discharge of the party or parties 
so doing. No person, company, corporation, or individuals oper¬ 
ating a mine within the State of Oregon, shall be responsible 
for accidents that may happen to men disobeying the above 
rules and signals. Said rules and signals, on notice as above 
set out, shall be signed by the superintendent or person hav¬ 
ing charge of the mine, who shall designate the corporation 
or owner of the said mine. 

L. 1901, p. 153, Sec. 3. 
ienalty "Where Company Disobeys Act. 

Sec. 5155. Any person, company, corporation, or indi¬ 
viduals operating any mine within the State of Oregon hav¬ 
ing in operation a steam, electrical, gasoline, or other hoist¬ 
ing plant as above described, who shall fail to comply with 
the terms of this act shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be subject to a fine of not 
less than twenty-five dollars nor more than two hundred and 
fifty dollars. 

L. 1901, p. 153, Sec. 4. 

WATER RIGHTS FOR MINING. 

Rights of Way for Water Ditches and Pipes. 

Sec. 3940. A right of way for the construction of a water 
ditch to be used for irrigation, manufacturing, or mining pur¬ 
poses, ditches or water pipes for conveying water to cities and 
towns for domestic purposes, or for the extinguishment of fires, 
is hereby granted to any individuals or corporations who may 
construct such water ditches or water pipes over any of the 
State lands belonging to the State of Oregon—tide, swamp, 
and overflowed lands, and school lands—for a distance on each 
side of said ditches or water pipes of twenty-five feet. 

L. 1885, p. 73, Sec. 2; H. C. Sec. 4058. 

Copy of Notes of Survey of Ditches, etc., to be Filed. 

Sec. 3941. It shall be the duty of said railroad corporation 
or water company or individuals constructing said railroads, 
water ditches or water pipes to file a copy of the field notes 
of the survey of such railroads, ditches or water pipes with 
the Secretary of State of the State of Oregon, showing the 
location of said railroad, water dicli or water pipe. 

L. 1885, p. 73, Sec. 3; H. C. Sec. 4059. 


MINING LAWS OF OREGON 


135 


Navigation and Vested Water Rights Not to be Impaired. 

Sec. 6216. Navigation shall never in anywise be impaired 
by the operation of this act, nor shall any vested interest in 
or to any mining water rights or ditches, or in or to any water 
or water rights, or reservoirs or dams, now used by the owners 
or possessors thereof in connection with any mining industry, 
or by persons purchasing or renting the use thereof, or in or 
to any other property now used, directly or indirectly, in 
carrying on or promoting the mining industry, ever be affected 
by or taken under its provisions, save and except that rights 
of way may be acquired over the same. 

L. 1895, p. 32, Sec. 47. 

Use of Water for Mining and Electrical Power a Public One. 

Sec. 6551. The use of the water of the lakes and running 
streams of the State of Oregon for the purpose of developing 
the mineral resources of the State, and to furnish electrical 
power for all purposes, is declared to be a public and bene¬ 
ficial use and a public necessity, and the right to divert un¬ 
appropriated waters of any such lakes or streams for such pub¬ 
lic and beneficial use is hereby granted. 

(Here follows proviso that this section does not include 
Multonomah or Coon Creek.) 

L. 1899, p. 172; L. 1907, p. 288. 

Who May Use Water for Electric Power and Mining. 

Sec. 6552. All persons, companies, and corporations having 
title or possessory right to any mineral or other lands, shall be 
entitled to the use and enjoyment of the water of any lake 
or running stream within the State for mining and other pur¬ 
poses in the development of the mineral resources of the State 
or to furnish electrical power for any purposes; and such 
waters may be made available to the full extent of the capacity 
thereof without regard to deterioration in quality or diminua- 
tion in quantity, so that such use of the same does not ma¬ 
terially affect or impair the rights of prior appropriations. 

L. 1899, p. 172, Sec. 2. 

Right of Way and Reservoir Sites May be Condemned. 

Sec. 6553. All such persons, companies, and corporations 
may appropriate and divert such waters, and may condemn 
right of way for ditches, canals, flumes, and pipe lines for 
the carrying of same, and may condemn the rights of riparian 
proprietors upon the lake or stream from which such appro¬ 
priation is made, upon complying with the terms of this act. 
Such persons, companies, and corporations shall also have the 
right to condemn lands for the sites of reservoirs for storing 
water for future use, and for rights of way for feeders carry¬ 
ing water to such reservoirs, and for ditches, canals, flumes, or 
pipe lines carrying the same away, and shall have the right 
to take from any lake or running stream in this State and 


136 


MINING LAWS OF OKEGON 


store away any water not previously appropriated or not 
needed for immediate use by any person having a superior 
right thereto. 

L. 1899, p. 172, Sec. 3. 

Land May be Entered Upon for Surveys and Location. 

Sec. 6554. Such persons, companies, and corporations may 
enter upon any land for the purpose of locating a point of 
diversion of the water intended to be appropriated, and upon 
any land lying between such point and the lower terminus of 
its proposed ditch, canal, flume, or pipe line for the purpose 
of examining the same and of locating and surveying the line 
of such ditch, canal, flume, or pipe line, together with the line 
of necessary distributing ditches and feeders for reservoirs, 
and to locate and determine the site for reservoirs for stor¬ 
ing water. 

L. 1899, p. 173, Sec. 4. 

Appropriator Must Post Notice. 

Sec. 6555. When a point of diversion shall have been 
selected, such appropriator shall post in a conspicuous place 
thereat a notice in writing containing a statement of the' name 
of the ditch, canal, flume, or pipe line and of the owner thereof, 
the point at which its head gate is proposed to be constructed, 
a general description of the course of said ditch, canal, flume, 
or pipe line, the size or dimensions of the same in width and 
depth, the number of cubic inches of water (by miners’ 
measurement under a six-inch pressure) intended to be ap¬ 
propriated, and the number of reservoirs, if any. 

L. 1899, p. 173, Sec. 5. 

Maps of Description and Definite Location to be Filed. 

Sec. 6556. Within ten days from the date of posting such 
notice, such appropriator shall file for record in the office of 
the county clerk or recorder of conveyances, as the case may 
be, of the county in which said ditch or canal or flume or 
pipe line, distributing ditches, reservoirs, and feeders are situ¬ 
ated, a similar notice, and at the same time shall file a map 
showing the general route of said ditch or canal or flume or 
pipe line; and in case said ditch or canal or flume or pipe line, 
distributing ditches, reservoirs, and feeders shall not lie 
wholly in one county, such notice and map shall be filed in 
the office of the county clerk or recorder of conveyances of 
each county in which any portion of said ditch or canal, flume, 
pipe line, distributing ditches, reservoirs, and feeders may be 
situated. Within sixty days from the completion of such ditch 
or canal or flume or pipe line, such appropriator shall in like 
manner file a map of definite location of said ditch or canal 
or flume or pipe line, by legal subdivisions of the land tra¬ 
versed thereby in case it is surveyed, with the points of loca¬ 
tion of reservoirs, if any, designated thereon. It shall be the 


MINING LAWS OF OREGON 


137 


duty of every county clerk or recorder of conveyances, im¬ 
mediately upon the filing of such notice in his office, to record 
the same in a book kept for such purpose, and he shall file and 
preserve such maps among the records of his office. 

L. 1899, p. 173, Sec. 6. 

Appropriator May Proceed to Condemn Right of Way. 

Sec. 6557. When such person, company, or corporation 
shall have acquired the right to appropriate water in the 
manner hereinbefore provided, it may proceed to condemn 
lands and premises necessary for right of way for its ditch or 
canal or flume or pipe line, and likewise for its distributing 
ditches and feeders and for sites for reservoirs; but right of 
way for the main line of said ditch or canal or flume or pipe 
line shall not exceed fifty feet in width, and for each dis¬ 
tributing ditch or feeder thirty feet in width, and for a site 
for each reservoir twenty acres from one owner, or for every 
ten thousand inches of water (miners’ measurement, as afore¬ 
said), or fraction thereof over half, of the capacity of the main 
ditch or canal or flume or pipe line fo»- every twenty miles 
of its length. 

L. 1899, p, 174, Sec. 7. 

Mode of Procedure to Condemn. 

Sec. 6558. Whenever any person, company, or corporation 
authorized as hereinbefore provided to appropriate water and 
to construct and maintain a ditch or canal or flume or pipe 
line for mining purposes, or to furnish electrical power for 
any purpose, and to condemn lands for right of way and sites 
for reservoirs, is unable to agree with the owner of such lands 
as to compensation to be paid therefor, or if such owner be 
absent from the State or incapable of acting, such person, 
company, or corporation may maintain an action in the cir¬ 
cuit court of the county in which the lands sought to be appro¬ 
priated or some portion thereof are situated, for the purpose 
of having such lands appropriated to its use and for deter¬ 
mining the compensation to be paid to such owner therefor. 
The proceedings in such action, to final determination, shall 
be the same as those prescribed in Chapter II of Title XLI. 

L. 1899, p. 174, Sec. 8. 

Appropriation Below Contiguous Owners’ Point of Diversion. 

Sec. 6559. Such persons, companies, and corporations may 
also maintain an action for the condemnation and appropria¬ 
tion of the right to the flow of water in any stream from 
which it or they propose to divert water below the point of 
diversion vested in the owners of lands lying contiguous to 
such stream by virtue of their location. Such action shall be 
brought in the county where the lands to be affected, or some 
portion thereof, are situated, and the manner of procedure 
therein shall be similar to that prescribed for the condemna- 


138 


MINING LAWS OF OREGON 


tion of lands in Chapter I of Title XLY; provided, that no 
person owning lands lying contiguous to any natural stream 
shall, without his consent, be deprived of water for household 
or domestic use, or for the purpose of watering his stock, or 
of water necessary to irrigate crops growing upon such lands, 
and actually used therefor, nor shall the rights of any prior 
appropriator, without his consent, be materially affected or im¬ 
paired, regardless of whether such appropriation was made for 
use upon riparian or nonriparian land. 

L. 1903, Special Session, p. 25, Sec. 1. 

Actual Construction, When to be Begun. 

Sec. 6560. Within six months from the date of the posting 
of the notice above prescribed, the persons, companies, and cor¬ 
porations proposing to appropriate the water therein mentioned 
shall commence the actual construction of their or its pro¬ 
posed ditch or canal or flume or pipe line, and shall prosecute 
the same without intermission (except as resulting from the 
act of God, the elements, or unavoidable casualty) until the 
same be completed;*and the actual capacity of said ditch or 
canal or flume or pipe line when completed shall determine 
the extent of the appropriation, anything contained in the 
notice to the contrary notwithstanding. Upon a compliance 
with the provisions of this act, the right to the use of the water 
appropriated shall relate back to the date of posting said notice. 

L. 1899, p. 174, Sec. 10. 

Existing Appropriations Upheld. 

Sec. 6561. All existing appropriations of water made for 
beneficial purposes by any persons, corporation, or company, 
in accordance with the laws of the United States, or in accord¬ 
ance with the laws of the State of Oregon or the decisions of 
the supreme court, or the established customs and regulations 
of the district in which such appropriations have been made, 
shall be respected and upheld to the extent of the amount of 
water actually appropriated, nor shall any existing mill be de¬ 
prived of its water power, however lawfully acquired, without 
the consent of its owner; and all controversies respecting rights 
to water under the provisions of this act shall be determined 
by the date of the appropriations as respectively made there¬ 
under by the parties. 

L. 1899, p. 175, Sec. 11. 

Extension of Ditch to Conform to Changes Requiring It. 

Sec. 6562. In case the channel of any natural stream shall 
become so cut out, lowered, turned aside, or otherwise 
changed, from any cause, as to prevent any ditch or canal or 
flume or pipe line or feeder of any reservoir from receiving the 
proper inflow of water to which it may be entitled from such 
natural stream, the persons, companies, or corporations owning 
such ditch or canal or pipe line, flume, or feeder shall have the 


MINING LAWS OF OREGON 


139 


right to extend the head of such ditch or canal or pipe line, 
flume, or feeder to such distance upon the streams which sup¬ 
plies the same as may be necessary for securing a sufficient flow 
of water into the same; and for such purpose such persons, com¬ 
panies, or corporations shall have the same right to maintain 
proceedings for condemnation of right of way for such exten¬ 
sion as in case of constructing a new ditch, and the priority of 
right to take the water from such stream through any ditch 
or canal or pipe line, flume, or feeder shall be unaffected in 
any respect by reason of a change in the place of diversion; 
provided, no such change shall interfere with the complete use 
or enjoyment of any other ditch or canal, pipe line, flume, or 
feeder lawfully constructed; and when from any cause the line 
of any ditch or canal, pipe line, flume, or feeder along the line 
of common user, by reason of the faulty construction of such 
portion of such ditch, canal, flume, or pipe line, and the per¬ 
sons, companies, or corporations securing the use of the same 
shall be liable to the owner persons, companies, or corporations 
for all damages by it sustained growing out of the enlargement 
of said ditch, canal, flume, or pipe line, or the increased volume 
of water turned therein. 

Bond for Payment of Costs of Change. 

Sec. 6563. Before proceeding to secure the right to make use 
of any portion of the ditch, canal, flume, or pipe line, the per¬ 
sons, companies, or corporations seeking to secure the same 
shall execute and deliver to the owner persons, companies, or 
corporations a bond with sufficient sureties in an amount equal 
to the original cost of construction and the estimated cost 
of enlargement of the portion of said ditch, canal, flume, or 
pipe line sought to be subjected to a double use, conditional 
for the payment on demand to the owner persons, companies, 
or corporations of a reasonable proportion of the original cost 
of construction of such portion of said ditch, canal, flume, or 
pipe line and of the cost of enlargement thereof, together with 
a reasonable proportion of the cost of its maintenance as en¬ 
larged and of all damages that may at any time accrue to 
the owner persons or companies or corporations and for which 
it shall have a right of recovery against said other persons, 
companies, or corporations by reason of the provisions of this 
section; provided, that in case the persons, companies, or cor¬ 
poration owning said ditch, canal, flume, or pipe line shall 
object to the amount or sufficiency of the sureties on such bond, 
it shall serve upon the corporations, companies, or persons de¬ 
siring to use such ditch, canal, flume, or pipe line within ten 
days after receiving said bond a notice specifying particularly 
the objections thereto, and the sufficiency of the sureties, or 
the amount of the bond shall be determined by the judge of 
the circuit court of the county where said ditch, canal, flume, 
or pipe line is situated, and said judge may hear evidence at 
chambers in relation * # * as originally constructed can 


140 


MINING LAWS OF OREGON 


no longer be maintained, the persons, companies, or corpora 
tions owning the same may alter the course thereof and for 
such purpose may condemn lands for right of way as in case 
of original construction. 

L. 1899, p. 175, Sec. 12. 

Shortest Practicable Route Must be Selected. 

Sec. 6564. Whenever it becomes necessary to construct any 
ditch, canal, flume, pipe line, distributing ditches, or feeders 
across the improved or occupied lands of another, under the 
provisions of this act such persons, companies, or corporations 
shall select the shortest and most direct route practicable, 
having reference to cost of construction, upon which said ditch, 
canal, flume, pipe line, distributing ditches, or feeders can be 
constructed with uniform or nearly uniform grade. 

L. 1899, p. 177, Sec. 13. 

Land Not to be Burdened With More Than One Ditch. 

Sec. 6565. No tract or parcel of improved or occupied land 
in this State shall, without the written consent of the owner 
thereof, be subjected to the burden of two or more ditches or 
canals, flumes, or pipe lines, constructed under this act for 
the purpose of conveying water through said property when 
the same object can be feasibly and practically attained by 
uniting and conveying all the water necessary to be conveyed 
through such property in one ditch, canal, flume, or pipe line, 
and any persons, companies, or corporations having constructed 
a ditch, canal, flume, or pipe line for the purpose hereinbefore 
provided shall allow any other persons, companies, or cor¬ 
porations to enlarge such ditch, canal, flume, or pipe line, so 
as not to interfere with the operations of the persons, com¬ 
panies, or corporations owning the same, and use such ditch, 
canal, flume, or pipe line in common with the persons, com¬ 
panies, or corporations owning the same, upon payment to such 
persons, companies, or corporations of a reasonable proportion 
of the cost of constructing and maintaining such ditch, canal, 
flume, or pipe line. Such persons, companies, or corporations 
shall be jointly liable to any person damaged. 

L. 1899, p, 177, Sec. 14. 

Natural Depressions in Earth May be Utilized. 

Sec. 6566. In constructing a ditch, canal, flume, or pipe line, 
distributing ditches or feeders, under the provisions of this act, 
the owner or owners thereof may make use of natural depres¬ 
sions in the earth along the line thereof to all intents and pur¬ 
poses as parts of said ditch, canal, flume, or pipe line, distri¬ 
buting ditches or feeders; and it may conduct the water ap¬ 
propriated by it along the channel of any natural stream, but 
not so as to raise the water thereof above ordinary high-water 
mark, and may take the same out again at any point desired 
without regard to the prior rights of others to water from 


MINING LAWS OF OREGON 


141 


said stream, but due allowance shall be made for evaporation 
and seepage. 

L. 1899, p. 177, Sec. 15. 

Head Gates Must be Maintained. 

Sep. 6567. The owner or owners of every ditch, canal, flume, 
or pipe line constructed under the provisions of this act shall 
be required to erect and keep in good repair a head gate at 
the head of its ditch, canal, flume, or pipe line, which, together 
with the necessary embankments shall be of sufficient height 
and strength to control the water at all ordinary stages. The 
framework of such head gate shall be of timber not less than 
four inches square, and the bottom, sides, and gate or gates 
shall be of plank not less than two inches in thickness. 

L. 1899, p. 177, Sec. 16. 

Liability for Damages From Leakage or Overflow. 

Sec. 6568. The owner or owners of every ditch, canal, flume, 
or pipe line constructed under the provisions of this act shall be 
liable for all damages done to the persons or property of others, 
arising from leakage or overflow of water therefrom growing 
out of want of strength in the banks or walls, or negligence or 
want of care in the management of said ditch, canal, flume, 
or pipe line, or reservoir; provided, that damages resulting 
from extraordinary and unforeseen action of the elements, or 
attributed in whole or in part to the wrongful interference of 
another with said ditch, canal, flume, pipe line, or reservoir, 
which may not be known to said corporation for such length 
of time as would enable it by the exercise of reasonable efforts 
to remedy the same, shall not be recovered against said corpora¬ 
tions, companies, or persons. 

L. 1899, p. 178, Sec. 17. 

Bridges at Road Crossing, Liability for Neglect to Build. 

Sec. 6569. The owner or owners of every ditch, canal, flume, 
or pipe line constructed under the provisions of this act across 
any public highways or public traveled road shall put a good 
substantial bridge, not less than fourteen feet in breadth, over 
such ditch, canal, or flume where it crosses said highway or 
road. Travel shall not be suspended by the construction of 
said ditch, canal, flume, or pipe line, and such bridge shall be 
completed within three days from the time said highway or 
road is intersected. In case such bridge is not so constructed 
and completed, it shall be the duty of the road supervisor 
of the road district in which the point of intersection is situated 
to construct said bridge, and he shall bring an action in his own 
name, as supervisor, for the use and benefit of his road district, 
in any court of competent jurisdiction, to recover the expense 
of constructing said bridge; and in such action, in addition 
to the costs and disbursements provided by statute, he shall 
recover such sum as the court or justice, if the action be brought 


142 


MINING LAWS OF OREGON 


in a justice’s court, may adjudge to be reasonable as attorney 
fees in said action. Appeals may be taken in such cases as in 
other actions. 

L. 1899, p. 178, Sec. 18. 

Embankments and Reservoirs Must be Built and Kept so as to 

Prevent Damage. 

Sec. 6570. The owner or owners of every ditch, canal, flume, 
or pipe line constructed under the provisions of this act shall 
carefully keep and maintain the embankments and walls there¬ 
of, and of any reservoir constructed to be used in conjunction 
therewith, so as to prevent the water from wasting and from 
flooding or damaging the premises of others; and it shall not 
divert at any time any water for which it has not actual use 
or demand. 

L. 1899, p. 178, Sec. 19. 

Right to Appropriate Lost by Abandonment. 

Sec. 6571. The right to appropriate water thereby granted 
may be lost by abandonment; and if any persons, companies, 
or corporations constructing a ditch, canal, flume, or pipe line 
under the provisions of this act shall fail or neglect to use the 
same for a period of two years at any time, it shall be taken 
and deemed to have abandoned its appropriation, and the water 
appropriated shall revert to the public and be subject to other 
appropriations in order of priority; but the question of aban¬ 
donment shall be one of fact, to be tried and determined as 
other questions of fact. 

L. 1899, p. 179, Sec. 20. 

Willful Injury to Ditch, etc., Penalty for. 

Sec. 6572. Any person who shall knowingly and willfully 
cut, dig, break down, or open any gate, bank, embankment, 
or side of any ditch, canal, flume, or pipe line, feeder, or reser¬ 
voir, constructed under the provisions of this act, the prop¬ 
erty of another, with intent maliciously to injure the owner 
or owners of such property or any other person, or for his or 
her own gain, by unlawfully causing the water contained in 
said ditch, canal, flume, pipe line, feeder, or reservoir to run 
or pour thereout with intent of stealing the same or appropri¬ 
ating it for his or her own gain, profit, benefit, or advantage, 
without the consent of the owner or owners thereof, shall be 
deemed guilty of a misdemeanor, and upon conviction thereof 
shall be punished by a fine of not less than ten dollars nor more 
than three hundred dollars, or by imprisonment in the county 
jail, not less than one month nor more than one year. Justices’ 
courts shall have jurisdiction of all prosecutions arising under 
this section. The person so trespassing shall also be liable for 
all damages caused by his or her act to the owner or owners 
of said property, or any person or persons injured by his or 
her wrongful act. 

L. 1899, p. 179, Sec. 21. 


MINING LAWS OF OREGON 


143 


Parties in Suits for Protection of Water Rights. 

Sec. 6573. In any suit which may hereafter be commenced 
for the protection of rights to water acquired under the pro¬ 
visions of this act, the plaintiff may make any and all persons 
who have diverted water from the same stream or source 
parties to such suit, and the court may in one decree deter¬ 
mine the relative priorities and rights of all parties to such 
suit. Any person claiming a right on said stream or source, 
not made a party to such suit, may become such on application 
to the court, when it is made to appear that he is interested in 
the result of the suit, and may have his right determined; and 
the court may, at any stage, on its own motion, require any or 
all persons having or claiming rights to water on said stream 
or source to be brought in and made parties to said suit, when 
it appears that a complete determination of the issue involved 
cannot be made without the presence of such person or persons. 

L. 1899, p. 179, Sec. 22. 

Rights of Way Over State Lands. 

Sec. 6574. The right of way, to the extent hereinbefore 
specified, for the ditches or canals, flumes, pipe lines, distribut¬ 
ing ditches, and feeders of any persons, companies, or corpora¬ 
tions appropriating water under the provisions of this act, 
across any and all lands belonging to the State of Oregon, 
and not under contract of sale, is hereby granted. 

L. 1899, p. 180, Sec. 23. 

MINING CORPORATIONS. 

(See also whole of Title XLIV, “Lord’s Oregon Laws,” for 
formation of corporations generally.) 

Of What Corporations and on What Conditions Majority of 
Directors May be Non-residents—Meetings Out of State. 

Sec. 6690. A majority of the directors of any corporation in¬ 
corporated under the laws of this State for the puspose in whole 
or in part of and actually engaged as its principal business in ac¬ 
quiring, owning, or working mines,or acquiring, owning or oper¬ 
ating quartz mills, reduction works, smelters, or power plants 
for mining purposes, or acquiring, constructing or operating 
steam or electric railroads as a common carriermay, while such 
corporation is so engaged in the business aforesaid as its princi¬ 
pal business, and no longer, reside out of the State of Oregon, 
and any such corporation may have offices and officers without 
said State, and meetings of its directors may be held without 
the State of Oregon; but at least one director of every said 
corporation shall reside in this State, and every such corpora¬ 
tion, if its president does not reside in this State, must at all 
times maintain within the State, and within the county where 
its principal office and place of business is located, an agent 
upon whom any and all summons, writs and process issued 
to or against such corporation by the courts of this State, or 


144 


MINING LAWS OF OREGON 


the courts of the United States holding terms therein, may 
be served, and shall file with the Secretary of State, with its 
annual statement, and at other times when its agents shall 
cease to serve as such, die or otherwise become disqualified, a 
power of attorney, appointing a person therein named as its 
duly authorized agent, stating his full name and residence, and 
service of any summons, writ or process upon such agent shall 
be equivalent to service upon the president or other proper 
officers of such corporation; if the president of such corpora¬ 
tion does not reside within the State of Oregon, and the cor¬ 
poration shall fail or neglect to maintain such an agent upon 
whom service may be had, the statute of limitations shall cease 
to run in favor of such corporation during the period when 
such failure or neglect shall continue. 

L. 1905, p. 322; L. 1907, p. 288. 

Sec. 6713. Every corporation formed or organized under 
and pursuant to the laws of the State of Oregon, whether now 
existing or hereafter created, for the purpose of engaging in 
the business of mining for any of the precious metals, and 
whose business it shall be to engage in said business only, 
shall, during the month of June of each year, and on or before 
the first day of July of each year, furnish to the Secretary of 
State, upon blanks to be supplied by him for that purpose, 
a correct statement sworn to by one of its officers before some 
officer authorized to administer oaths, setting forth in detail 
the name of the corporation, the location of its principal office, 
the names of the president, secretary, and treasurer thereof, 
with the postoffice address of each, the date of the annual 
election of officers and directors of such corporation, the 
amount of the authorized capital stock, the number of shares 
and par value of each share, the amount of the capital stock 
subscribed, the amount of capital stock issued, and the amount 
of the capital stock paid up, the amount of its properties in 
this State and where the same are located; also stating in 
general terms the amount of work done thereon, and improve¬ 
ments made thereon since the time of filing the last annual 
report, together with a statement of the amount and value of 
the annual output or products of the mines of such corpora¬ 
tion, between the first day of January and the thirty-first day 
of December of the year preceding, and that said corporation 
is not engaged in or transacting any other business except that 
of locating, prospecting, developing or operating mines for 
precious metals, and any such mining corporation whose annual 
output or products shall not exceed in value the sum of one 
thousand dollars, shall if such above-provided statement is filed 
in the office of the Secretary of State during the month of June 
and on or before the first day of July of each year, thereupon 
be exempt from the payment of the annual license fee as now 
provided by law, but in lieu thereof shall pay an annual license 
fee of ten dollars; provided, that no such corporation shall be 


MINING LAWS OF OREGON 


145 


required to make such statement if it shall file the statement 
and pay the annual license fee required by, “An Act to pro¬ 
vide for the licensing of domestic corporations and foreign 
corporations, joint stock companies, and associations,” etc., 
approved February 16, 1903, or hereafter required by law. 

New Amendment of Sec. 6713 of Feb. 8, 1911. 

Statement of License Fees—Failure to Pay—Liabilities. 

Sec. 6714. On or before the fifteenth day of July of each 
year, the Secretary of State shall file with the State Treasurer 
a statement showing the amount of license fee due, as ascer¬ 
tained in the foregoing manner, from the different corpora¬ 
tions hereinbefore referred to. Within thirty days thereafter, 
every such corporation shall pay or cause to be paid to the 
State Treasurer the license fee hereinbefore mentioned. Any 
such corporation failing or refusing to render such statement, 
or to amend the same when required to do so by the Secre¬ 
tary of State, in case the same shall be incomplete, irregular, 
or unsatisfactory, or to pay such license fee, for more than 
twenty days after the time above specified, or any corporation, 
joint stock company, or association doing business in this State 
contrary to this act, shall be liable to a fine of ($100) one 
hundred dollars, to be recovered, together with any license fee 
due by an action at law in the name of the State, to be insti¬ 
tuted by any district attorney of the State at the request of 
the Secretary of State. The annual license fee required by 
this act shall be paid in advance for the fiscal year beginning 
July 1 of each year, and in case of new corporations formed 
during the fiscal year, the first year’s fee shall be proportioned 
to such fraction of a year. 

L. 1905, p. 376, Sec. 2. 

Mining and Other Private Corporations May Condemn Land. 

Sec. 6857. Any corporation organized for the purpose of 
opening or operating any gold, or silver, or copper vein or lode, 
or any coal or other mine; or any marble, stone, or other quarry j 
or for cuttingor transporting timber, lumber or cordwood, or for 
the manufacture of lumber, shall have the right to construct 
and operate railroads, skid roads, tramways, chutes, and flumes 
between such points as may be indicated in their articles of 
incorporation, and shall have a right to enter upon any land 
between such points for the purpose of examining, locating, and 
surveying the line of such railroads, skid roads, tramways, 
chutes and flumes, doing no unnecessary damage thereby, and 
such corporation shall have the power to appropriate so much 
of said land as may be necessary for the same not exceeding 
sixty feet in width,, and may maintain an action for the appro¬ 
priation thereof in the manner and form as by law provided 
by any railway, macadamized road, plank road, clay road, 
canal, or bridge, and with like effect. 

L. 1895, p. 6. 


146 


MINING LAWS OF OREGON 


LIENS OF MINERS, ETC. 

Liens of Laborers, Material Man, etc. 

Section 7444 to section 7450 inclusive, provide for liens on 
mines for laborers’ wages and for value of material furnished 
for mines, also time for filing same and procedure to enforce 
such liens. (Too long for this book.) 

LOCATION NOTICE—LODE CLAIM. 

For this form use same as given for Arizona (see page 37). 

LOCATION NOTICE—PLACER CLAIM. 

For this form use same as given for California (see end of 
California Laws). 

Form for affidavit of Annual Labor see end of Arizona Laws. 





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MINING LAWS OF UTAH 


(See also U. S. Mining Laws.) 


Mining Act of 1899. 

An Act providing for the Manner of Locating and Recording 
Quartz and Placer Mining Claims, and Copying Records and 
Defining the Duties of County Recorders and District Mining 
Recorders, and Repealing certain Sections of the Revised 
Statutes of Utah. 

Section 1. (Extent. No location to be made until dis¬ 
covery of vein.) A Mining Claim, whether located by 
one or more persons, may equal, but shall not exceed, 
one thousand five hundred feet in length along the vein or 
lode; but no location of a mining claim shall be made until the 
discovery of the vein or lode within the limits of the claim 
located. Any lode mining claim may extend three hundred 
feet on each side of the middle of the vein at the surface, except 
where adverse rights render a lesser width necessary. The 
end lines of each claim must be parallel. 

1 Utah 173, 2 Utah 174. 

Sec. 2 . (Monument. Notice.) The locator at the time 
of making the discovery of such vein or lode, must erect a 
monument at the place of discovery, and post thereon his notice 
of location, which notice shall contain: 

1st. The name of the lode or claim. 

2nd. The name of the locator or locators. 

3rd. The date of the location. 

4th. If a lode claim, the number of linear feet claimed in 
length along the course of the vein each way from the point 
of discovery, with the width on each side of the center of the 
vein, and the general course of the vein or lode, as near as may 
be, and such a description of the claim, located by reference 
to some natural object or permanent monument as will identify 
the claim. 

5th. If a placer or millsite claim, the number of acres or 
superficial feet claimed, and such a description of the claim 
or millsite located by reference to some natural object or per¬ 
manent monument as will identify the claim or millsite. 

5 Utah 3, 1 Utah 292, 2 Utah 54, 3 Utah 94, 3 Utah 59, 
111 U. S. 350, 3 Utah 77, 3 Utah 235, 7 Utah 8, 151 U. S. 
317, 160 U. S. 303, 6 Utah 273, 130 U. S. 256, 4 Utah 521, 
116 U. S. 418, 124 U. S. 326, 2 Utah 174, 7 Utah 515, 160 U. 
S. 303, 10 Utah 266, 11 Utah 324, 9 Utah 192, 3 Utah 160, 
98 U. S. 463, 2 Utah 355. 



MINING LAWS OF UTAH 


149 


Sec. 3. (Boundaries Marked.) Mining Claims and mill 
sites must be distinctly marked on the ground, so that the 
boundaries thereof can be readily traced. 

■ Sec. 4. (Filing copy of notice. Fee.) Within thirty 
days from the date of posting the location notice upon the 
claim, the locator or locators, or his or their assigns, must' file 
for record in the office of the county recorder of the county in 
which such claim is situated, if said claim be situated without 
and beyond an original mining district, a substantial copy of 
such notice of location. Such county recorder shall charge 
and collect a fee of seventy-five cents for filing and recording 
and indexing and abstracting such notice; PROVIDED, that 
such notice of location shall not be abstracted unless a subse¬ 
quent conveyance affecting the same property be filed for 
record, when said notice shall be abstracted. 

160 U. S. 303. (Amended by Act of 1909 post.) 

Sec. 5. (Notice of assessment work being done.) Every 
person or company owning a group of claims, and doing 
the development or assessment work, for said group at one 
point, shall post a notice upon each claim at the discovery 
monument, stating where such work is being done, and also 
post a notice at the entrance of the workings, where said work 
is done, stating the names of the claims for which the work is 
done. 

Sec. 6. (Filing affidavit of work done.) The owner 
of any quartz lode or placer mining claim who shall do 
or perform, or cause to be done or performed the annual 
labor or improvements required by the laws of the United 
States, in order to prevent a forfeiture of the claim, must, 
within thirty days after the completion of such work or im¬ 
provements, file in the office of the county recorder in which 
the greater part of the mining district, in which such claim is 
located, is situated, his affidavit or an affidavit or affidavits of 
the person or persons who performed or directed such labor 
or made or directed such improvements, and shall file a dupli¬ 
cate thereof with the district mining recorder of the district 
in which said claim is situated, showing: 

1st. The name of the claim, and where situated. 

2nd. The number of days work done and the character and 
value of the improvements placed thereon. 

3rd. The date or dates of performing said labor and making 
said improvements and number of cubic feet of earth or rock 
removed. 

4th. At whose instance or request said work was done, or 
improvements made. 

5th. The actual amount paid for said labor and improve- 


150 


MINING LAWS OF UTAH 


ments, and by whom paid, when the same was not done by 
the owner or owners of said claim. 

Such affidavits or duly certified copies thereof shall be - 
prima facie evidence of the facts therein stated. 

Ill U. S. 350, 6 Utah 183, 160 U. S. 303. 

Sec. 7. (Reorganization of mining districts.) Mining 
districts may be organized, and all existing districts may 
be reorganized, and the rules and regulations of the said 
mining district shall govern the said district according to the 
laws of the United States, in cases where a district organiza¬ 
tion is desired; PROVIDED, that the nearest boundary line of 
any mining district shall not be within ten miles from the 
county recorder’s office of any county. 

Sec. 8. (Copying records. Expense.) Upon application 
of the district mining recorder of any mining district to the 
board of county commissioners of the county having in 
custody the records of the said mining district, the said board 
of county commissioners shall cause the records of such district 
to be copied by the county recorder, and shall cause all records 
of documents pertaining to district mining records, recorded 
since June 4th, 1896, up to the time of delivery, to be recorded 
in the original records of the mining district in which the 
property is situated, and the original records when so amended 
shall be delivered to such district mining recorder. The copy 
so made shall remain in the office of the county recorder, and 
shall be considered as the original record. One-half of the 
expense of copying such records shall be paid out of the county 
treasury, and one-half shall be paid out of the state treasury. 

Sec. 9. (Duplicate notice of location. Fee. Penalty.) 
It shall be the duty of every district mining recorder 
to require every person depositing for record a notice 
of location to make a duplicate copy thereof, which copy said 
mining recorder shall carefully compare with the original and 
mark “duplicate,” and endorse thereon his name, and the 
date and hour and fact of filing in his office of the original. 
He shall, at the time of filing the duplicate notice with the orig¬ 
inal, collect, in addition to his own fee, the sum of seventy-five 
cents, which shall be the fee for the county recorder for 
recording such duplicate. He shall immediately deposit the 
duplicate copy with the county recorder of the county in 
which the greater part of the said mining district is located 
for record, or forward the same to him by mail or express, or 
in such other manner as will insure safe transit and delivery. 
The fee of seventy-five cents shall accompany the duplicate. 
The county recorder shall record said duplicate with the en¬ 
dorsements thereon for said fee. The record of said duplicate 
notice in the office of the county recorder shall be considered 
an original record. Every person neglecting or refusing to 


MINING LAWS OF UTAH 


151 


comply with any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and, upon conviction thereof 
shall be punished by a fine not exceeding five hundred dollars, 
or by imprisonment in the county jail not exceeding six months, 
or by both such fine and imprisonment. (Amended by act of 
1909 post.) 

Sec. 10. (Copies of notices to be received as evidence.) 
Copies of notices of location of mining claims, mill sites 
and tunnel sites, heretofore recorded in the records of 
the several mining districts, and copies of the mining rules 
and regulations in force in the several mining districts, in like 
manner recorded, heretofore duly certified by the mining 
recorder, shall be receivable in all tribunals and before all 
officers of this state as prima facie evidence. 

Sec. 11. Where books, records and documents pertaining 
to the office of district mining recorder have been or shall 
hereafter be deposited in the office of any county recorder of 
this state, such county recorder is authorized to make and 
certify copies therefrom, and such certified copies shall be 
receivable in all tribunals and before all officers of this state 
in the same manner and to the same effect as if such records 
had been originally filed or made in the office of the county 
recorder. 

Sec. 12. (County Recorder to Record Rules. Certified Copies.) 
It shall be the duty of each county recorder to record 
the mining rules and regulations of the several mining dis¬ 
tricts in his county without fee, and certified copies of 
such records shall be received in all tribunals and before all 
officers of this state as prima facie evidence of such rules and 
regulations, and it shall be his duty to record, index and ab¬ 
stract all mining location notices presented for record, for a 
fee not to exceed seventy-five cents for each notice and to file 
and index all affidavits of labor presented for filing affecting 
one mining claim for a fee not to exceed twenty-five cents; 
PROVIDED, that when an affidavit of labor contains the name 
of more than one mining claim, an additional fee of ten cents 
shall be charged for each additional claim named therein. 

Sec. 13. (Recorder of Mining District to give Bond.) The 
recorder of each mining district shall take the oath of office 
and give bond with sureties in the penal sum of one thousand 
dollars. Such bond must be approved by the district judge 
and filed in the office of the county clerk of the county in 
which the greater part of the said mining district is located. 
Where the recorder of any mining district appoints a deputy, 
the recorder and his bondsmen shall be responsible for the 
official acts of such deputy. 

Sec. 14. (District Recorder to make Copies.) It shall be 
the duty of the recorder of a mining district upon request and 


152 


MINING LAWS OF UTAH 


payment or tender of the fees therefor, to make and deliver to 
any person requesting the same, duly certified copies of any 
records in his custody, and for a failure so to do, or for receiv¬ 
ing larger fees for any such service than those provided he 
shall be'deemed guilty of a misdemeanor. 

Sec. 15. (Vacancy. County Recorder to receive Records.) 
Whenever there is a vacancy in the office of recorder of any 
mining district, or the person holding such office shall remove 
from the district, leaving therein no qualified successor in 
office; or whenever from any cause there is no person in such 
district authorized to retain the custody and give certified 
copies of the records, it shall be the duty of the person having 
custody of the records to deposit the same in the office of the 
county recorder of the county in which such mining district 
or the greater part thereof is situated, and the county recorder 
shall receive such records, and is hereby authorized to make 
and certify copies therefrom, and such certified copies shall 
be received in evidence in all courts and before all officers 
and tribunals. The production of a certified copy so made, 
shall be, without other proof, evidence that such records were 
properly in the custody of the county recorder. 

Sec. 16. (Fees of Mining Recorder.) Every mining recor¬ 
der shall be allowed the same fees for recording and making 
copies of any record in his custody as are allowed by law to 
county recorders for similar services; PROVIDED, that fees 
for recording location notices may equal but shall not exceed 
one dollar for each notice. 

Sec. 17. (Sections Repealed.) Sections 1495, 1496, 1497, 
1498, 1499, 1500, 1501, 1502, 1503, 1504, 1505, 1506, 1537 and 
990 of the Revised Statutes of Utah are hereby repealed. 

Approved March 3, 1899. 

MINING ACT OF 1909. 

Section 1. (Sections Amended.) That Sections 1498 and 
1503, Compiled laws of Utah, 1907, be, and the same are 
hereby amended to read as follows: 

Sec. 1498. (Filing Copy of Notice. Fee.) Within thirty 
days from the date of posting the location notice upon the 
claim the locator or locators, or his or their assigns, must file 
for record in the office of the County Recorder of the county 
in which such claim is situated, if said claim be situated with¬ 
out and beyond an original mining district, a substantial copy 
of such notice of location. Such County Recorder shall charge 
and collect a fee of 50c for first folio, and for each additional 
folio, 20c; and, providing further, that where more than two 
locators sign the said notice of location, an additional fee of 
10c shall be charged for each additional name, said fee shall 


MINING LAWS OF UTAH 


153 


be for filing, recording, indexing and abstracting such notice; 
provided, that such notice of location shall not be abstracted 
unless a subsequent conveyance affecting the same property 
be filed for record, when said notice shall be abstracted. 

Sec. 1503. (Duplicate Notice of Location. Fee. Penalty.) 
It shall be the duty of every district mining recorder to 
require every person depositing for record a notice of location 
to make a duplicate copy thereof, which copy said mining 
recorder shall carefully compare with the original and mark 
“ duplicate ” and endorse thereon his name and the date and 
hour of filing in his office of the original. He shall at time of 
filing duplicate notice with the original, collect, in addition 
to his own fee, the fee for the County Recorder for recording 
such duplicate. Said fee to be computed at the rate of 50c 
for the first folio, and for each additional folio 20c; and, pro¬ 
viding further, that where more than two locators sign the 
said notice of location, an additional fee of 10c shall be charged 
for each additional name. He shall immediately deposit the 
duplicate copy with the County Recorder of the county in 
which the greater part of the said mining district is located 
for record, or forward the same to him by mail or express, 
or in such other manner as will insure safe transit and delivery. 
The fee, computed as hereinbefore described, shall accompany 
the duplicate. The County Recorder shall record said dupli¬ 
cate with the endorsements thereon for said fee. The record 
of said duplicate notice in the office of the County Recorder 
shall be considered an original record. Every person neglect¬ 
ing or refusing to comply with any of the provisions of this 
section shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be punished by a fine not exceeding 
$300, or by imprisonment in the county jail, not exceeding 
six months, or by both such fine and imprisonment. 

Approved March 11, 1909. 

REVISED STATUTES. 

Sec. 1337. (In Mines and Smelters.) The period of employ¬ 
ment of working men in all underground mines or workings, 
and in smelters and all other institutions for the reduction or 
refining of ores or metals, shall be eight hours per day, except 
in cases of emergency where life or property is in imminent 
danger. Any person, body corporate, agent, manager or em¬ 
ployer who shall violate any of the provisions of this section 
shall be deemed guilty of a misdemeanor. 

14 Utah 96, 14 Utah 71. 

Sec. 1338. (This Section makes it a misdemeanor to employ 
any child under 14 years in any mine or smelter.) 

Sec. 1381. (Liens on Mines.) The provisions of this chapter 
shall apply to all persons who shall do work or furnish 
materials for the working, preservation, or development cff any 


154 


MINING LAWS OF UTAH 


mine, lode, mining claim, or deposit yielding metals or minerals 
of any kind, or for the working, preservation, or development 
of any such mine, lode, or deposit in search of such metals or 
minerals, and to all persons who shall do work or furnish 
materials upon any shaft, tunnel, incline, adit, drift, drain, or 
other excavation of any such mine, lode, or deposit; PRO¬ 
VIDED, that when two or more such lodes or deposits, owned 
or claimed by the same person or persons, or where the owners 
are different persons, and the same with the consent of all 
shall be worked through a common shaft, tunnel, incline, adit, 
drift, or other excavation, then all the mines, lodes, or de¬ 
posits so worked shall, for the purpose of this chapter, be 
deemed one mine. 

6 Utah 351, 151 U. S. 447, 104 U. S. 176. 

Sec. 1382. (Id. Attaches to Lessee’s Interest.) The next 
preceding section shall not be deemed to apply to the owner or 
owners of any mine, lode, deposit, shaft, tunnel, incline, adit, 
drift or other excavation when the same shall be worked by a 
lessee, under bond or otherwise; but, in such case, the persons 
entitled to a lien under this chapter shall have a lien on the 
leasehold interest and on the ores and mineral bearing rock 
or dirt mined and excavated by the lessee. 

Sec. 1535. (Interfering with Notices, Stakes, Persons in 
possession, or Records.) Any person or persons who shall 
willfully or maliciously tear down or deface a notice posted 
on a mining claim, or take up or destroy any stake or monu¬ 
ment marking any such claim, or interfere with any person 
lawfully in possession of such claim, or who shall alter, erase, 
deface, or destroy any record kept by a mining recorder, shall 
be guilty of a misdemeanor, and upon conviction thereof shall 
be punished by a fine of not less than twenty-five, nor more 
than one hundred dollars, or by imprisonment for not less 
than ten days, nor more than six months, or by both such fine 
and imprisonment. Justices of the peace shall have jurisdic¬ 
tion of such offenses. 

Sec. 1536. (Wrongful taking of Ores. Damages.) Any 
person wrongfully entering upon any mine or mining claim, 
and carrying away ores therefrom, or wrongfully extracting 
and selling ores from any mine, shall be liable to the owner or 
owners of such ore for three times the value thereof; and should 
the plaintiff file his affidavit that the defendant did unlawfully 
take ores, the defendant may be arrested and held to bail, 
as in cases for the recovery of the possession of personal pro¬ 
perty unjustly detained. 

FENCING, SHAFTS, ETC. 

Sec., 1538. (Inclosing shaft.) Any person that has sunk or 
shall sink a shaft or well on the public domain, or commons, 


MINING LAWS OF UTAH 


155 


for any purpose, shall inclose such shaft or well with a sub¬ 
stantial curb or fence, which shall be at least four and a half 
feet high. 

Sec. 1539. (Id. Pits. Slack coal burning.) The owner, lessee 
or agent of any mine, who, by working such mine, has caused 
or may hereafter cause the surface on the public domain, com¬ 
mons, highway, or other lands to cave in and form a pit in 
which persons or animals are likely to fall, shall cause sucli 
cave or sink to be filled up, or to be securely fenced with a 
good, lawful fence; and if he has heaped or piled, or shall 
hereafter heap or pile, slack coal on the surface, and such slack 
coal shall take fire and endanger the life or safety of any per¬ 
son or animal, he shall cause the fire to be extinguished, or the 
burning coal to be inclosed with a sufficient fence. 

Sec. 1540. (Penalty.) Any person failing to comply with 
the provisions of this chapter shall be deemed guilty of a misde¬ 
meanor and shall be liable for all damages. 

Sec. 2370. (Mineral lands to be leased.) Any state lands 
upon which stone, coal, coal oil, gas, or any mineral may be 
found, whether such land has theretofore been leased for a 
term of years or not, may be leased for the purpose of obtaining 
therefrom such stone, coal, coal oil, gas, or any mineral, for 
such length of time and conditioned upon the payment to the 
state board of land commissioners of such royalty upon the 
product, as the state board of land commissioners may deter¬ 
mine. 

Sec. 2371. (Pules regarding lease.) The state board of 
land commissioners is hereby authorized to make all necessary 
rules and regulations to carry the foregoing section into effect. 

Sec. 3134. (Concerns trials of mining cases.) 

Sec. 3245. (Property exempt from execution.) 

5. The cabin or dwelling of a miner not exceeding in value 
the sum of five hundred dollars; also his sluices, pipes, hose, 
windlass, derrick, cars, pumps, and tools not exceeding in value 
five hundred dollars. 

Sec. 3511. (Action to determine adverse claim.) An action 
may be brought by any person against another who claims an 
estate or interest in real property adverse to him, for the 
purpose of determining such adverse claim. 

3 Utah 235. 

Sec. 3515. (Order for survey of lands and mines. Notice.) 
The court in which an action is pending for the recovery of real 
property, or for damages for an injury thereto, or to quiet title, 
or to determine adverse claims thereto, or a judge of such court 
may, on motion, upon notice by either party, for good cause 
shown, grant an order allowing to such party the right to enter 
upon the property and make survey and measurement thereof, 
and of any tunnels, shafts or drifts thereon, for the purpose of 


156 


MINING LAWS OF UTAH 


the action, even though entry for such purpose has to be made 
through other lands belonging to parties to the action. 

Sec. 3521. (Mining customs and rules control when.) In 
actions respecting mining claims proof must be admitted of the 
customs, usages or regulations established and in force in the 
district, bar diggings or camp embracing such claim, and such 
customs, usages or regulations when not in conflict with the 
laws of this state, or of the United States, must govern the 
decision of the action. 

EMINENT DOMAIN. 

Sec. 3588. (Exercised in behalf of what uses.) Subject to 
the provisions of chapter 65, Revised Statutes, 1898, the right 
of eminent domain may be exercised in behalf of the following 
public uses: 

1. All public uses authorized by the government of the 
United States. 

5. Reservoirs, dams, water-gates, canals, ditches, flumes, 
tunnels, aqueducts and pipes for supplying persons, mines, 
mills, smelters or other works for the reduction of ores, with 
water for domestic or other uses, or for irrigating purposes, 
or for draining and reclaiming lands, or for floating logs and 
lumber on streams not navigable. 

6. Roads, railroads, tramways, tunnels, ditches, flumes, pipes 
and dumping places to facilitate the milling, smelting or other 
reduction of ores, or the working of mines, coal mines or 
mineral deposits; outlets, natural or otherwise, for the deposit 
or conduct of tailings, refuse, or water from mills, smelters 
or other works for the reduction of ores, or from mines, quar¬ 
ries, coal mines or mineral deposits; mill dams; natural gas 
or oil lines, tanks or reservoirs; also an occupancy in common 
by the owners or possessors of different mines, quarries coal 
mines, mineral deposits, mills, smelters, or other places for 
the reduction of ores, of any place for the flow, deposit or 
conduct of tailings or refuse matter. 

10. Canals, reservoirs, dams, ditches, flumes, aqueducts, and 
pipes for supplying and storing water for the operation of 
machinery for the purpose of generating and transmitting elec¬ 
tricity for power, light or heat. 

Sec. 4356. (Concerns larceny of ores, etc.) 

Sec. 4399. (Salting Mines. Fraudulent Assay.) Every 
person who, with intent to cheat, wrong, or defraud, places in 
or upon any mine or mining claim, any ores or specimens of ores 
not extracted therefrom, or exhibits any ore or certificate of 
assay of ore not extracted therefrom, for the purpose of selling 
any mine or mining claim, or interest therein, or who obtains 
any money or property by any such false pretense or artifice, 
is guilty of a felony. 


MINING LAWS OF UTAH 


157 


Sec. 4400. (Changing samples or assay certificate.) Every 
person who interferes with, or in any manner changes, samples 
of ores or bullion produced for sampling, or changes or alters 
samples or packages of ores or bullion which have been pur¬ 
chased for assaying, or who shall change or alter any certificate 
of sampling or assaying, with intent to cheat, wrong, or de¬ 
fraud, is guilty of a misdemeanor. 

Sec. 4401. (Making or publishing false assay.) Every per¬ 
son who, with intent to cheat, wrong or defraud, makes or 
publishes a false sample of ore or bullion, or who makes or 
publishes, or causes to be published, a false assay of ore or bul¬ 
lion, is guilty of a misdemeanor. 

COAL MINES. 

An Act providing for the appointment of a coal mine in¬ 
spector, defining his duties, fixing his salary and providing for 
the inspection of coal and hydro-carbon mines; providing for 
the health and safety of the persons employed therein, and for 
the protection of property connected therewith, and repealing 
chapter 2, title 42, of the Revised Statutes of Utah, 1898. 

This Act can be found on page 221 of the 1905 Session Laws 
of the State of Utah. It is too long for this book. 

FIRE PROTECTION IN MINES. 

An Act to provide for fire protection in all of the mines of 
the State of Utah, and defining the same. 

Section 1. (Certain mines to have fire protection.) That 
all mines having but one exit, and the same is covered with 
the building containing the mechanical plant, furnace room, 
or blacksmith shop, shall have fire protection. Where steam is 
used, hose of sufficient length to reach the farthest point of the 
plant shall be attached to feed pump or injector, and the 
same kept ready for immediate use. In mines, where water is 
not available, chemical fire extinguishers or hand grenades shall 
be kept in convenient places for immediate use, and it shall 
be the duty of any owner or operator of a mine in the State 
of Utah to provide fire protection as mentioned in this section, 
by July 1st, 1901. 

Sec. 2. (Penalty.) Any person or corporation who shall 
refuse or neglect to comply with the provisions of this act, shall 
be guilty of a misdemeanor. 

Approved this 25th day of March, 1901. 

SAFETY APPARATUS IN MINES. 

An Act providing for safety apparatus to be used in all 
mines with the vertical shaft. 

Section 1. (Certain shafts to be provided with Safety cages.) 


158 


MINING LAWS OF UTAH 


It is unlawful for any person or corporation to sink any vertical 
shaft, where mining cages are used, to a greater depth than 
two hundred feet, unless the shaft is provided with an iron 

bonneted safety cage, to be used in lowering and hoisting 

employees, or any other person. The safety apparatus, whether 
consisting of eccentrics, springs, or other device, must be 
securely fastened to the cage, and of sufficient strength to hold 
the cage loaded at any depth to which the shaft may be sunk. 

The iron bonnet must be made of boiler sheet iron of good 

quality, at least three-sixteenths of an inch in thickness, and 
must cover the top of the cage in such manner as to afford 
the greatest protection to life and limb from any debris or any¬ 
thing falling down the shaft. 

Sec. 2. (Penalty.) Any violation of this act is punishable 
by a fine of not less than two hundred or more than five hundred 
dollars, the same to be paid into the county treasury of the 
county in which the case is tried. 

Sec. 3. This act shall take effect upon approval. 

Approved this 25th day of March, 1901. 

LEASING AND SELLING MINING CLAIMS OF 
ESTATES. 

An Act to authorize administrators, executors and guardians 
to lease mining claims and give an option to purchase the 
same, and authorizing the court to require bonds and prescrib¬ 
ing conditions under which title may be obtained. (Page 9, 
Laws of 1903.) 

Section 1. (Leasing mining claims belonging to estates.) 
When all or any portion of the estate of any person deceased, 
or of any ward under guardianship, consists of mining claims, 
whether patented or unpatented, or of interests in mining 
claims, the administrator or executor of such deceased person 
or the guardian of the property of the ward, may petition the 
court having jurisdiction of the estate for leave to lease mining 
claims, or interests in mining claims, belonging to the estate 
of the deceased, or to the ward with an option to the lessee 
to purchase the same; and if upon the hearing it appears to 
the court that it is for the interests of the estate, the court may 
make an order authorizing the administrator, executor or 
guardian to lease all, or such mining claims or interest therein 
belonging to the estate as he shall designate in the order, and 
to give an option to the lessee to purchase the same within a 
specified time, at a stipulated price, and when such order has 
been made, the executor, administrator or guardian may lease 
the mining claims specified in the order, and give the lessee an 
option to purchase the same, within the time, and at the 
price, specified in the order. 


MINING LAWS OF UTAH 


159 


Sec. 2. Provides for bond of administrator before sale is 
confirmed. 

Sec. 3. If the lessee complies with the terms of the lease, 
and accepts the options, and tenders the ‘stipulated price, he 
shall be entitled to a deed for the mining claims upon which 
the option was given, but no titles shall pass, under such option, 
until the acceptance of the option, and the deed executed pur¬ 
suant thereto, have been reported to, and approved by the 
court. 

Sec. 4. This act shall take effect upon approval. 

Approved this 20th day of February, 1903. 

An Act providing for the establishment of a State School 
of Mines. (Approved March 13, 1901, see page 31, Session 
Laws 1901.) 

TAXATION. 

The law on taxation of mines and their net proceeds, as 
revised to March 11, 1909, can be found in full in session laws 
of Utah, 1909, page 92. Too long for publication here. 

OPERATION AND ABANDONMENT OF OIL WELLS, ETC. 

(Act of 1909.) 

Section 1. (Duties of Owner or Operator.) When any well 
shall be drilled in this State on lands producing or containing 
petroleum or natural gas, it shall be the duty of the owner 
or operator thereof, before drilling said well into the oil or 
gas-bearing sand or strata, to encase such well in such manner 
as to effectually exclude and prevent all water from reaching 
said oil or gas-bearing sand or strata. 

Sec. 2. Id. And it shall be the duty of said owner or oper¬ 
ator, before abandoning or ceasing to operate any such well, to 
securely and effectually plug said well, and to fill it up with 
sand or rock sediment to a depth of at least fifty (50) feet 
above the top of the oil or gas-bearing sand or strata in such 
manner as to exclude all water from reaching said oil or gas¬ 
bearing sand or strata, and also as to prevent any oil or gas 
escaping therefrom. 

Sec. 3. (Penalty.) Any person, firm or corporation violat¬ 
ing the provisions of this act shall be deemed guilty of a 
misdemeanor, and shall be sentenced upon conviction thereof 
to the payment of a fine not exceeding one thousand dollars. 

Approved March 23, 1909. 

IRRIGATION AND WATER RIGHTS. 

The new la-w of Utah concerning irrigation and water rights, 
enacted in 1909, can be found in Laws of Utah, 1909, at page 
84. It is too long for this book and is a subject by itself. 

UTAH. 

LOCATION NOTICE LODE CLAIM. 

For this form use the same as given for Arizona. 


160 


MINING LAWS OF UTAH 


UTAH. 

LOCATION NOTICE PLACER CLAIM. 

For this form use the same as given for California. 

UTAH. 

DIAGRAM OF LODE CLAIM. 

For this map see page, 35, Arizona Laws—use same. 

AFFIDAVIT OF LABOR PERFORMED AND IMPROVE¬ 
MENTS MADE. 

State of Utah, 

County of., ss. 

., being duly sworn, deposes and 

says that he is a citizen of the United States, and more than 

twenty-one years of age, and resides at.in 

.County, State of Utah, and is personally 

acquainted with the mining claim known as. 

.mining claim, situate in . Mining 

District, County of ., State of Utah, 

the location notice of which is recorded in the office of the 

County Recorder of said County, in Book.of 

records of Mines, at page.; that between the.day 

of., A. D. 19..., and the.day of., 

A. D. 19..., at least..dollars ’ worth of work 

and improvements were done and performed upon said claim, 
not including the location work of said claim. Such work and 
improvements were made by and at the expense of. 


owner. . of said claim, for the purpose of complying with the 
law of the United States pertaining to assessment of annual 

work, and John Smith, working..days in said period 

of time (then follow with other names in same manner) were 
the men employed by said owner. ., and who labored udou said 
claim, did said work and improvements, the same being as 
follows, to-wit: 


The number of cubic feet of earth (or rock) removed while 


doing said work was.cubic feet. 

Subscribed and sworn to before me this.day of 

. 1 ?...• 

My commission expires . 


Notary Public. 

For affidavit of work done on groups use above form in 
connection with form on page 37. 




























RECOGNIZED 

«S the STANDARD HOIST 


The Critical Engineer Invariably Specifies 
Our Manufactures 

Hoisting Engines, 2 to 60 H. P. 
Gasoline Engines, V 2 to 200 H. P. 


Air Compressors 
Cement Testing Appliances 
Concrete Mixers 
Electric Lighting Plants 
Electric Motors and Dynamos 
Fans, Blowers and Exhausters 
Irrigation Machinery 
Jacks and Jack Screws 
Marine Engines 


Mining Machinery 
Motor Cars 
Oil Well Supplies 
Ore Buckets 
Ore Dump Cars 
Rock Drills 
Safes and Vault Doors 
Scales—all Styles 
Sinking Pumps 


NISSEN STAMP MILLS 

CATALOGUES ON ANY OF THE ABOVE ON APPLICATION 

Fairbanks, Morse & Co. 

423-429 East Third Street, LOS ANGELES 







GENERAL INFORMATION 


A corporation may, by its agent, locate a mining claim. 

McKinley v. Wheeler, 130 U. S. 630. 70 Fed. R. 463. 

In the case of Thompson vs. Spray, 72 Cal. 531, it was decided 
that a minor child may make a mining location. 

The title to mining claims that are not patented is occupa¬ 
tion and development, and the title is conditional upon such 
occupation and development. 

No discovery of mineral is complete until the actual vein is 
discovered; the finding of float or loose quartz is not a sufficient 
discovery to warrant a lode location. 

Discovery of ore that will pay to work is not essential to a 
mining location, but it is sufficient if its value is such that one 
will be willing to further develop and follow the vein. 

In order to hold two or more claims it is necessary that there 
should be a discovery of mineral on each of the claims. An 
extension of a mining claim can not be held by reason of dis¬ 
covery on another claim. Where, owing to the nature of the 
ground, stakes can not be driven in where the statute requires 
stakes, it is sufficient that the stakes be held in place by a pile 
of stones. 

Where an application has been made for a patent on one or 
more mining claims the annual labor must be kept up after the 
application and until final entry. 

While the Congressional Act of 1880 does not require annual 
labor upon a claim during the year location is made, still such 
annual expenditure may be required during the location year 
by State Statute. 

The following things will count for annual labor: 

1. Any labor performed for the purpose of discovering 
mineral. 

2. Building a road to reach the mining claim. 

3. Building a flume, drain or ditch to get water on a claim. 

4. Wages of a watchman where the mine is idle. 

5. Work done off of the claim when it is a direct reference 
to the drainage or development of the claim. 

The following work will not count: 

1. Building a house for dwelling away from the claim, 
though near it. 

2. Expense of taking tools, lumber, etc., to the mine. 


GENERAL INFORMATION 


163 


3. Traveling expenses in going to and coming from the mine. 

Where the owner of the claim has not done his annual labor, 
but begins work on Dec. 31st, and prosecutes the work con¬ 
tinuously to the amount of $100 a claim, his claim or claims 
can not be re-located on Jan. 1st, but his work must be con¬ 
tinuous until the whole $100 has been expended. 

Where several owners of a claim have allowed the year to ex¬ 
pire without doing the annual labor and one of such owners 
attempts to re-locate the claim for himself the Court will decide 
that such re-location is for the benefit of all the former owners. 


An amended location notice relates back to the date of 
original location and with all its right and privileges, provided 
no adverse rights have in the meantime intervened. (40 Fed. 
787.) 


A placer claim is a location in which gold is found loose in 
sand or gravel and not in a vein or in place. It includes gulch 
claims, old channels, cement and drift diggings. 


The amount of ground which can be located as a placer claim 
is limited to twenty acres to each person, but an association of 
persons may locate a claim in common, which will in the aggre¬ 
gate not exceed twenty acres to each person in the association, 
and not exceed 160 acres in all. In such case a separate dis¬ 
covery is not required on each twenty acres but a discovery on 
any part is sufficient. One person may locate more than one 
twenty-acre claim. 


The following table will show the dimensions of placer 
claims: 


Claim 466.69 
Claim 660 
Claim 660 
Claim 1320 
Claim 800 
Claim 933 1-3 
Claim 1320 
Claim 2640 


x 466.69 feet contains 5 acres, 
x 330 feet contains 5 acres, 

x 660 feet contains 10 acres, 

x 660 feet contains 20 acres, 

x 1089 feet contains 20 acres, 

x 933 1-3 feet contains 20 acres, 

x 1320 feet contains 40 acres, 

x 2640 feet contains 160 acres. 


Tailings are the property of the miner who made them so 
long as they are retained on his own land, or under his own 
control and not abandoned, but when allowed to flow upon the 
land of another the other becomes entitled to them. 

A quit-claim form of deed is the one commonly used to trans¬ 
fer title to an unpatented mining claim, but care should be 
taken to properly describe the mining claim by reference to the 
book and the page of the County Records in which the original 
location notices are to be found, and reference to them should 
be made for description. It is not necessary that the wife of 
an owner of a mining claim should join her husband in convey- 


164 


GENERAL INFORMATION 


ing a mining claim in either Arizona or Nevada but it is neces¬ 
sary in California and Utah. Where the ownership of the claim 
is in the wife, it is necessary for the husband to join in the 
deed in all of the places named. 

A person desiring to obtain a deed, a lease, a working bond 
or an agreement to sell a mining claim should consult a lawyer 
who is conversant with mining law in the state in which the 
claim is located, unless he is looking for a law suit. Before 
paying out money for such purposes an examination of the 
title of the reputed owner of the mining claim should be care¬ 
fully made; by doing these things for a small payment of 
money trouble can be avoided to get out of which (if fortu¬ 
nate) many hundreds will later be paid. 

MINING BLANKS. 

Any Blank in this book, except the one on page 40, can be 
purchased for 5 cents each by writing to (enclosing money 
order or stamps for amount of purchase), 

CALVERT WILSON, 

350 Wilcox Building, 

Los Angeles, California. 


GENERAL INFORMATION 


165 


CONTRACT TO SELL AND TO BUY. 

I, ., vendor, hereby agree to sell to 

., and I, . purchaser, 

agree to buy of said., the. 

Placer Mining Claim, situate, etc. 

The agreed consideration of said sale is $1,000.00 cash in hand 
paid, the receipt whereof is hereby acknowledged; $3,000.00 

to be paid within.days from the date hereof, and 

$6,000.00 with.days from such date, making a total 

consideration of $10,000.00. 

Said vendor with ten days from date will deliver to pur¬ 
chaser, or his attorney, an abstract of title duly certified by 
the Clerk and Recorder of said County, or by some reputable 
.abstract office, together with all the original title papers which 
are in his possession or within his power to produce. 

And within said time will place in escrow in the. 

Bank of.a good and sufficient. 

deed conveying to said., or such person as 

he shall nominate, the said premises clear of encumbrance, to 
be by such bank held in escrow until final payment be made 
under this contract or default is made under the same. De¬ 
posit in said bank to the credit of vendor shall be equivalent 
to payment of any of said installments. 

Time is of the essence of this contract as to each and every 
installment, and if any installment or installments be not paid 
within the time or times hereby limited therefor, all previous 
installments shall be and remain the property of said vendor, 
the deed in escrow shall be returned to him for cancellation, 
and the property shall remain his own, unaffected and unen¬ 
cumbered by this contract. But if he fail to deliver abstract 
within said period, or to deposit said deed in escrow, or if 
his title prove encumbered or otherwise not marketable, vendee 
may recover any and all installments paid, or may sue for 
specific performance and for a perfect title, or for damages or 
otherwise as he may be advised. 

WITNESS the hands and seals of said parties this. 

day of., A. D. 19.... 


(Seal) 

(Seal) 

















GENERAL INFORMATION 


1 6 


BOND FOR A DEED OF MINING PROPERTY. 


Know all Men by These Presents: 


That.of the County 

of.and.the part.of the first 

part, .held and firmly bound unto. 

.of the County of.and 

.the part.of the second part, in the 

sum of.Dollars, . 

of the United States of America, to be paid to the said. 

. executors, administrators or as¬ 
signs ; for which payment well and truly to be made. 

bind.heirs, executors and administrators 

.firmly by these presents. Sealed with 

.seal-and dated the.day of 

.A. D. One Thousand Eight Hundred and 

Ninety. 


THE CONDITION of the above obligation is such, that if 

the above bounded obligor_shall, on the. 

day of.A. D. One Thousand Eight 

Hundred and Ninety.make, execute and 

deliver unto the said.or to 

.assigns, (provided that the said. 

shall on or before that day have paid to the said obligor.... 

the sum of.Dollars, . 

of the United States of America, the price by said. 

.agreed to be paid 

therefor), a good and sufficient deed for conveying and assur¬ 
ing to the said.free 

from all incumbrances, all.right, title and interest, 

estate, claim and demand, both in law and equity, as well in 
possession as in expectancy, of, in or to that certain portion, 

claim and mining right, title or property on.certain 

vein.... or lode.... of rock containing precious metals of 

gold, silver and other minerals, and situated in the. 

.Mining District, County of. 

and.and described as follows, to-wit:... 


Then this obligation to be void, otherwise to remain in full 
force and virtue. 


Signed, Sealed and Delivered in the presence of 


(Seal) 

(Seal) 

(Seal) 

(Seal) 


Acknowledge before Notary Public. 

















































GENERAL INFORMATION 


167 


MINING DEED.—QUIT CLAIM. 

THIS INDENTURE, made this.day of., in 

the year One thousand, nine hundred and. *.between 

.of., the party of the 

first part, and.of., the party of 

the second part, 

WITNESSETH, that the party of the first part, for and in 

consideration of the sum of.Dollars, lawful money 

of the United States, to him in hand paid by the party of the 
second part, the receipt whereof is hereby acknowledged, does 
by these presents sell, confirm and quit-claim unto the said 
party of the second part, and to his heirs and assigns, all those 

certain.quartz mining claims, situated in 

.Mining District,.County, 

State of., and more particularly described as follows: 

(An undivided one-half interest in and to) the. 

Mining Claim, the location notice of which is recorded in Book 

., page., Notices of Mining Locations, in 

the office of the County Recorder of the County of. 

State of., and recorded in Book., page 

., of the Mining Records of said.Mining District. 

(Here describe balance of claims as above.) 

TOGETHER, with all dips, spurs, angles and variations and 
all the metals therein; and all the rights, privileges and fran¬ 
chises thereto incident, appendant and appurtenant, or there¬ 
with usually had and enjoyed; and also all and singular the 
tenements, hereditaments and appurtenances thereto belonging, 
or in any wise appertaining, and the rents, issues and profits 
thereof; and also all the estate, right, title, interest, property, 
possession, claim and demand whatsoever, as well in law as in 
equity, of the said party of the first part, of, in or to the said 
premises, and every part and parcel thereof, with the appur¬ 
tenances. 

TO HAVE AND TO HOLD, all and singular the said prem¬ 
ises, together with the appurtenances and privileges thereunto 
incident, unto the said party of the second part, his heirs and 
assigns forever. 

IN WITNESS WHEREOF, the said party of the first part 
has hereunto set his hand and seal the day and year first above 
written. 

.(Seal) 

.(Seal) 

Acknowledge before Notary Public. 

























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ARIZONA 

CORPORATION LAWS 


CHAPTER I. 

Corporations. 

761. (Section 1.) Corporations are either public or private. 

762. (Sec. 2.) A public corporation is one that has for its 
object the government of a portion of the territory. 

763. (Sec. 3.) A private corporation is one organized for 
the purpose of religion, charity or benevolence, sociability or 
learning or for profits. 

CHAPTER II. 

Corporations in General. 

764. (Sec. 4.) Any number of persons may associate them¬ 
selves together and become incorporated for the transaction of 
any lawful business, but such corporation shall confer no 
powers or privileges not possessed by natural persons, except 
as herein provided. 

765. (Sec. 5.) Among the powers of such bodies corporate 
shall be the following: 

1. To have perpetual succession. 

2. To sue and be sued by the corporate name. 

3. To have a common seal and alter the same at pleasure. 

4. To render the shares or interest of stockholders transfer¬ 
able and prescribe the mode of making such transfers. 

5. To exempt the private property of members from liability 
for corporate debts. 

6. To make contracts, acquire and transfer property, pos¬ 
sessing the same powers in such respects as private individuals 
now enjoy. 

7. To establish by-laws and make all rules and regulations 
deemed expedient for the management of their affairs not in¬ 
consistent with the constitution and laws of the United States 
and laws of this Territory. 

766. (Sec. 6.) Before commencing any business, except 
that of their own organization, they must adopt articles of in¬ 
corporation, which shall be signed and acknowledged by them 
as deeds are required to be acknowledged, and recorded in a 
book for that purpose in the office of the County Recorder in 


170 


ARIZONA CORPORATION LAWS 


the county where the principal place of business is to be. The 
articles of incorporation must contain: 

1. The names of the corporators, the name of the corpora¬ 
tion, and its principal place of transacting business. 

2. The general nature of the business proposed to be trans¬ 
acted. 

3. The amount of capital stock authorized and the time 
when and the conditions upon which it is to be paid in. 

4. The time of the commencement and determination of the 
corporation. 

5. By what officers or persons the affairs of the corporation 
are to be conducted and the times at which they are to be 
elected. 

6. The highest amount of indebtedness or liability to which 
the corporation is at any time to subject itself. 

7. Whether private property is to be exempt from corporate 
debts. Unless so exempted, stockholders are liable for the 
debts of the corporation in the proportion to which their stock 
bears to the whole capital stock. 

767. (Sec. 7.) Every corporation organized under the pro¬ 
visions of this title shall file a copy of its articles of incorpora¬ 
tion, certified to by the county recorder of the county where 
said articles are recorded, in the office of the auditor of the 
Territory and have the same recorded by him in a book kept 
for that purpose. Such articles of incorporation must specify 
the highest amount of indebtedness and liability, direct or con¬ 
tingent, to which the corporation is at any time to be subject, 
which must in no case exceed two-thirds of the amount of the 
capital stock. 

768. (Sec. 8.) Every corporation organized under the pro¬ 
visions of this title shall publish at least six times in some news¬ 
paper published in the county in which the principal place of 
business is located or works established, if there be one, and if 
not, then in some newspaper having a general circulation in 
such county; a copy of its articles of incorporation, and, upon 
the expiration thereof, file an affidavit in the office of the audi¬ 
tor of the Territory, stating that such publication has been 
made according to law. 

769. (Sec. 9.) The corporation may commence business as 
soon as its articles of incorporation are filed for record in the 
office of the county recorder, and a certified copy with the 
auditor of the Territory, and its acts shall then be valid, if the 
publication is made and an affidavit thereof filed in the office 


ARIZONA CORPORATION LAWS 


171 


of the auditor of the Territory within three months from the 
date of the filing with the county recorder. 

770. (Sec. 10.) The capital stock of any corporation or¬ 
ganized hereunder may be increased or decreased and the arti¬ 
cles may be amended in any of the particulars mentioned in 
Section 6 of this title by the affirmative vote of a majority of 
the stockholders. Such amendment shall be signed and acknowl¬ 
edged by the president and attested by the secretary of the 
corporation, and no such amendment shall be valid unless re¬ 
corded and published as the original articles are required to be. 

771. (Sec. 11.) Corporations organized under this title may 
be formed to endure for twenty-five years, but they may be 
renewed from time to time for a period of not exceeding twen¬ 
ty-five years, when three-fourths of the votes cast at any stock¬ 
holders 9 meeting duly called and held for that purpose shall be 
in favor of such renewal. 

772. (Sec. 12.) The corporation shall not be dissolved prior 
to the period fixed upon in the articles of incorporation, except 
by a majority vote of its members, unless a different rule is 
adopted in the articles. 

773. (Sec. 13.) Transfer of the stock shall not be valid 
except as between the parties thereto, until the same are regu¬ 
larly entered upon the books of the company so as to show the 
names of the person by whom and to whom the transfer is made, 
the number or other designation of shares, and the date of the 
transfer. The books of the company shall be so kept as to show 
intelligently the original stockholders, their respective interests, 
the amount of which has been paid thereon, and all transfers 
thereof, and such books or records or correct copies thereof, so 
far as they relate to the items mentioned in this section, shall 
at all times be subject to the inspection of any stockholder de¬ 
siring the same. 

774. (Sec. 14.) Any corporation organized or attempted 
to be organized in accordance with the provisions of this title 
shall cease to exist by non-user of its franchises for five years 
at any one time; but such body shall not forfeit its franchises 
by reason of any omission to elect officers or to hold meetings 
at any time prescribed by the by-laws. 

775. (Sec. 15.) Corporations whose charters expire by 
their own limitation or by the voluntary act of the stockholders 
may, nevertheless, continue to act for the purpose of closing up 
the business, but for no other purpose, unless renewed as in 
this chapter provided. 


172 


ARIZONA CORPORATION LAWS 


776. (Sec. 16.) Nothing herein shall exempt the stockhold¬ 
ers of any corporation from individual liability to the amount 
of the unpaid installment on the stock owned by them, or trans¬ 
ferred to them for the purpose of defrauding creditors; and an 
execution against the corporation to that extent may be levied 
upon the private property of such individual. 

777. (Sec. 17.) For the purpose of making repairs, build¬ 
ing or enlarging or extending works, or to meet contingencies, 
or for the purpose of providing a sinking fund for the payment 
of debts, the corporation may establish a fund and loan the 
same out from time to time, taking in all cases a good and suffi¬ 
cient security for the payment of the same. 

778. (Sec. 18.) In any proceeding by or against a corpora¬ 
tion, the court shall have the power to compel the officers of 
the corporation, on motion of either party, upon proper cause 
being shown, to produce the books and records of the corpora¬ 
tion, and when so produced, either party may use the same in 
evidence. 

779. (Sec. 19.) Persons acting as a corporation under the 
provisions of this title shall be presumed to be legally organized 
until the contrary is shown, and no such franchise shall be de¬ 
clared to be actually null and forfeited except in a regular pro¬ 
ceeding brought for that purpose. 

780. (Sec. 20.) No person acting as a corporation under 
the provisions of this title shall be permitted to set up or rely 
upon the want of a legal organization as a defense to any action 
brought against them as a corporation, nor shall any person 
who may be sued on a contract made with such corporation, or 
sued for an injury done to its property, or for a wrong done to 
its interests, be permitted to rely upon such want of legal or¬ 
ganization in his defense. 

781. (Sec. 21.) No corporation organized under the provi¬ 
sions of this title for the purpose of doing a mining or manufac¬ 
turing business shall have power to construct or operate any 
railroad, tramway, turnpike or canal, except such as may lead 
from its principal works or place of business to some navigable 
stream, or to some existing railroad, turnpike, or public high¬ 
way. 

782. (Sec. 22.) No person or persons to whom shares of 
stock in any company, incorporated under the laws of this Terri¬ 
tory, have been or hereafter shall be transferred, or by whom 
such shares are held as security for money advanced thereon, 
or which are now or shall be held by any such person or persons 


ARIZONA CORPORATION LAWS 


173 


as security for any indebtedness whatever, shall have the right 
to vote at any election, either general or special, called or held 
by any such incorporated company for any purpose whatever; 
but the absolute right to vote and represent all stock in any 
such incorporated company, transferred to or held by any 
person or persons as security for any money advanced thereon 
or for any other indebtedness whatever, at any election held 
by any such company as aforesaid, shall belong to the person 
or persons who deposit or transfer such stock as security for 
any such indebtedness, and any vote cast by any person or per¬ 
sons holding shares of stock in any incorporated company as 
aforesaid, as security as hereinbefore described, shall be abso¬ 
lutely void and of no effect. 

783. (Sec. 23.) All corporations organized under this chap¬ 
ter shall appoint a bona fide resident of this Territory, who 
has been a resident of this Territory for at least three years, its 
agent, upon whom all notices and processes, including service 
of summons, may be served, and when so served shall be deemed 
taken and held to be lawful personal service on such corpora¬ 
tion, and said notice shall be filed in the office of the auditor 
or the Territory. 


AMENDMENTS. 

1. Corporations may provide in by-laws for sale of shares 
subscribed for but not paid for, on notice. See Laws of 1907, 
page 52. 

2. All persons occupying territorial public office are prohib¬ 
ited from acting as the statutory or resident agent for any cor¬ 
poration. 


COSTS OF INCORPORATION. 

The following is the total cost of incorporation in Arizona: 


County Recorder, Recording Articles.$ 3.00 

Certified Copy of Articles from County Recorder. 3.00 

Filing Certified Copy with Auditor of Arizona. 10.00 

Auditor’s Certificate (if desired, not compulsory). 3.00 

Filing Appointment of Agent with Auditor. 3.00 

Yearly Cost of Resident Agent. 10.00 

Filing Affidavit of Publication with Auditor.. .. 3.00 

Publishing Articles in Tucson, Yuma or Phoenix. 20.00 


Total Expense.$55.00 


No annual tax or tax on amount of capital stock. 












HARPER & REYNOLDS CO. 

HARDWARE, METALS, 
MINING SUPPLIES, 
WROUGHT IRON PIPE 


CANTON 

MINING DRILL STEEL 

Equal to 

Jessop or Firth's Steel in 
Rock Work 


CAPS, 

FUSE, 

HOSE, 

CABLE, 

PICKS, 

ANVILS, 

T RAILS, 
BUCKETS, 
POWDER, 


BELLOWS, 

SHOVELS, 

BELTING, 

PACKING, 

ORE CARS, 

DYNAMITE, 

WIRE ROPE, 

DRILL HAMMERS, 

FIRE EXTINGUISHERS 


152-154 N. Main Street 

153-155 N. Los Angeles St. Los Angeles, Cal. 








INDEX 


175 


Index to United States Laws 

Page 


ADVERSE CLAIMS— 

Proceedings on. 10 

Verification by Agent. 12 

Judgment against both parties. 11 

Entry or Judgment evidence required. 11 

AGENT— 

Application for patent by. 9 

Citizenship, proof of by Agent. 10 

AGRICULTURAL LANDS— 

Segregation of Mineral Lands, from. 20 

ANNUAL EXPENDITURE OR LABOR— 

Generally. 7 

For placers. 7 

Forfeiture to co-owner when. 7 

Oil lands. 14 

APPLICATION FOR PATENT— 

By Agent. 9 

For lode claim. 9 

For placer claim (known Lode). 14 

AREA— 

For lode claim. 5 

Placer claim. 13 

Mill site. 20 

BUILDING STONE— 

Entered under placer laws. 13 

Not excepted from grants to States. 13 

BUREAU OF MINES— 

Act to establish. 26 

CHARACTER OF LAND— 

Hearing as to. 19 

CITIZENSHIP— 

Proof of. 6 

Affidavit of, before whom made. 11 

Proof by Agent. 10 

CO-OWNERS— 

Forfeiture to whom. 7,8 

COAL LANDS— 

Generally. 24 

DESCRIPTION— 

Of Lode claim. 7 

Of Placer claims. 13 

By location notices.5, 6,7 

By survey. 0 

DISCOVERY— 

Generally. 5 

DITCHES AND CANALS— 

Generally . 20 

END LINES— 

Generally . 5 

FORFEITURE— 

To Co-owner. 7 

LOCATION— 

Under act May 10, 1872. 5 

Tunnel claim. 8 

Lode claim.5, 6, 7 

Placer claim.12,13,14 


Section 

2326 

2326 

2326 

2326 


2325 

2325 


2342 


2324 

2324 

2324 


2325 

2325 

2333 


2320 

2331 

2337 


2335 

2321 


2325 

2324 


2324 

2330 


2325 

2320 

2339 

2320 

2324 

2320 

2324 

















































176 


INDEX 


Page 

Eights conferred by. 6 

Mill site. 20 

21 

LODE CLAIMS— 

Discovery . 5 

Length . 5 

Width . 5 

Location and record.5, 6, 7 

Entry and patent. 9 

MILL SITES— 

Location of. 20 

Form for. 21 

Patents for... 20 

OIL LANDS— 

Location and entry of. 14 

PATENTS— 

Lode .9,10,11,12 

Placer .12,13,18,19,20 

Mill site. 16 

PETEOLEUM— 

Generally . 14 

PLACEE CLAIMS— 

Definition of. 12 

Conformity to public survey. 12 

Area of. 13 

Location of. 13 

Lode in, procedure. 14 

PEICE PAYABLE FOE CLAIMS— 

Lode claims.10,11 

Piacer claims. 14 

Mill sites. 20 

Saline Lands. 13 

PUBLIC SUEYEYS— 

Adjustment of, to Mining claims. 12 

EELOCATION— 

Generally.7,8 

EESEEVES—FOEEST— 

Mining in, generally. 21 

EESEEY OIES— 

Generally . 20 

SALINE LANDS— 

Generally. 13 

SUEYEY— 

Generally. 9 

Expenses of. 18 

Mineral surveyors. 18 

Charges and Deposits for Office work. 18 

TIMBEE— 

For mining purposes, generally. 23 

TOWNSITES—ON MINING CLAIMS— 

Generally. 23 

TUNNEL SITES— 

Generally.7, 8 

YEINS— 

Intersection of. 19 

Apex, dips. 6 

VEEIFICATION— 

Of Affidavits. 10 

Same . 19 

WATEE EIGHTS— 

Eeference to law of. 20 


Section 

2322 

2337 


2320 

2320 

2320 


2325 

2337 


2337 


2337 


2329 

.2329 

2330-31 

2330-31 

2333 

2326 

2333 

2337 


2327 

2324 


2340 


2325 

2334 

2334 

2334 


2324 

2336 

2322 

2326 

2335 

2339 





















































INDEX 


177 


Index to Arizona Mining Laws 

(See also Index to U. S. Mining Laws.) 

DESCRIPTION OF MINING CLAIM— 

What is sufficient in deed. 35 3249 

Contents location notice lode claim. 30 3232 

Relocation . 33 3241 

FORFEITURE OF INTEREST OF CO-OWNERS— 

Notice to delinquent co-owner. 34 3245 

Notice and affidavit, as evidence. 35 3246 

Receipt for contribution by delinquent co-owner. . 35 3247 

Penalty for failure to acknowledge contribution. . 35 3248 

Proof of contribution, when co-owner refuses to 

acknowledge . 35 3248 

LOCATION— 

Who can locate. 30 3231 

Notice to be made and posted. 30 3232 

Recording. 32 3234 

Of lode claims. 30 3232 

Of placer claims. 34 3242 

Of abandoned claims. 34 3241 

LODE MINING CLAIMS— 

Location of, by whom made. 30 3231 

Location, how made. 30 3232 

Location notice, must contain what. 30 3232 

Location, no right acquired until notice posted. .. 32 3233 

Location, what, work to be done to perfect. 32 3234 

Location notice to be recorded, when. 32 3234 

Time allowed for work. 32 3234 

Failure to perform work forfeits claim. 32 3235 

Surface boundaries, how marked. 32 3236 

Open cut, adit or tunnel equal to shaft as discovery 

work . 32 3237 

Location notice may be amended. 32 3238 

Assessment work governed by laws of the U. S... 32 3239 

Assessment work, affidavit of. 33 3240 

Affidavit and record of as evidence. 33 3241 

Relocation of forfeited claims. 33 3241 

PLACER MINING CLAIMS— 

How located. 34 3242 

Monuments may be placed, where. 34 3243 

Location notice to be recorded. 34 3244 

MISCELLANEOUS LAWS— 

Summary sales of mining claims of estates. 30 1772 

Optional sales of claims by guardians. 30 2013 

Injunction on working claims. 30 2746 

Miners’ liens for labor. 30 2904 

County recorders. 36 3250 

Drainage by different owners. 36 3252 

Assays of ores at University. 36 3258 

Fees of recorder. 36 3259 





































178 


INDEX 


Index to California Mining Laws 

(See also Index to U. S. Mining Laws.) 

Page Section 

CIVIL CODE— 

Claims, recording affidavits of work and notice. . 50 1426m 

Claims, recording notice of location. 48 1426d 

Fixtures attached to. 46 661 

Hydraulic mining. 46 1424 

Lode claims. 47 1426 

Placer claims. 48 1426c 

Tunnel right. 48 1426e 

Amending locations. 49 1426h 

Survey’s . 49 1426i 

Mill sites . ^ . 49 1426j 

Improvements . 49 14261 

Forfeiture to Co-Owner. 50 1426o 

Copies of Mining Records. 51 1426q 

Relocation. 51 1426s 

Mining districts . 51 1426r 

Mortgage of machinery. 53 2955 

Partnership, mining. 52 2511 

Express agreement not necessary for partnership. 52 2512 

Express authority necessary to bind. 53 2519 

Lien of partners on property. 52 2514 

Mine is firm property. 52 2515 

One partner cannot bind except by express au¬ 
thority .. 53 2519 

Owners of majority of shares govern. 53 2520 

Profits and losses shared how. 52 2513 

Agency for transfer of stock in mining company. . 43 586 

Books of mining company to be open for inspection 44 588 

Examination of ground by stockholders.. £5 589 

Posting monthly statement. 44 588 

Mining companies may consolidate. 43 587a 

Tenant at will of mines. 46 819 

CODE OF CIVIL PROCEDURE— 

Action to recover. 54 748 

Eminent domain. 54 1238 

Exemption of miners’ property. 53 690 

Local rules govern actions. 54 748 

Mechanics’ liens on mines. 54 1183 

Mining customs proof of in actions. 54 748 

Use of public land for mining. 55 1925 

Action to quiet title. 53 738 

Order to survey mine. 54 742 

Liens on mines in case of assignment. 54 1204 

Patent prima facie evidence. 55 1927 

Sale of mining claims of estates. 55 1580 

GENERAL LAWS— Act. No. 

Protection of miners in mines. 56 - 

Modes of escape from mines. 56 - 

Liabilities of mining company for injury. 56 - 

Easements and drainage. 57 - 

Affidavits of annual labor. 57 - 

Failure to do annual labor. 57 - 

Forfeiture of co-owner. 57 - 

Abandoned shafts to be fenced. 57 - 

Calaveras County, recording in. 58 483 

Protection of coal miners. 58 2223 


























































INDEX 


179 


Page Section 

Bell signals in mine. 58 2225 

Debris commissioner. 58 2226 

Relocation . 57 _ 

Regulating rights of owners. 58 2228 

Public land, locations on. 58 2227 

California Hydraulic mining. 58 - 

Eight Hour law. 59 - 

Mineral in lakes and streams. 59 - 

Conservation Commission. 59 - 

Larceny of ore from mines, etc. 59 - 

Unnecessary waste of natural gas.. 60 - 


Index to Nevada Mining Laws 

(See also Index to U. S. Mining Laws.) 

ADVERSE POSSESSION- 

HOW established . 79 1 

AFFIDAVIT— 

Of assessment work . 73 2 

Of co-owner of notice to delinquent. 73 5 

ASSESSMENT WORK— 

United States law. 7 2324 

Amount required . 72 1 

Estimate of . 72 1 

Affidavit of, to contain what. 73 2 

Must be recorded. 73 2 

Delinquency of co-owner in performing. 73 5 

ASSAYING— 

Business of, regulated. 82 1 

BOUNDARIES OF CLAIMS— 

Can go beyond, when.(U. S.) 7 2323 

Defined or marked, how. 65 2 

In relocation . 68 7 

When established by surveyor. 69 9 

Of placer claim. 69 1 

Of tunnel right. 70 1 

Of saline lands, must be surveyed. 71 2 

CORPORATIONS, MINING— 

Must file statements. 110 - 

Action against co-owners. 87 1 

Money expended constitutes lien. 88 6 

Powers of. 92 1 

Capital stock, what may constitute.; . .. 92 3 

Governed by mining laws of district. 93 4 

May be stockholder in other corporations. 93 5 

Disincorporation . v... 93 6 

May sue for delinquent assessments. 94 7 

Must notify delinquents of intention to sue. 94 8 

May consolidate . 94 1 

Manner of consolidation. 94 1 

CO-OWNERS— 

Delinquency of . 73 5 

Delinquent may recover, how. 73 5 

CONVEYANCE OF MINING PROPERTY— 

Formalities required . 77 1 

How proved. 78 3 

Terms used in “ lands ” defined. 78 4 

By minors. 79 7 






















































180 


INDEX 


Page 

DEED (See Conveyance)— 

Prom State, must contain proviso. 97 

DIP OF LEDGE— 

Locator may follow, when. 67 

DISCOVERY SHAFT— 

Time of sinking. 65 

Depth of. 65 

Equivalent of . 65 

In case of relocation. 68 

EMINENT DOMAIN— 

For mining purposes . 96 

EXEMPTION— 

Miner’s cabin, etc., exempt from execution. 82 

GRUBSTAKE CONTRACTS— 

Generally . 101 

INSPECTION OF MINES (new 1909). 104 

JUSTICE OF THE PEACE— 

Notice of unfenced shaft to be filed with. 90 

LEGAL DAY’S WORK— 

Eight hours a legal day’s work in underground 

mines . 98 

Same in smelters, etc. 98 

Misdemeanor and penalty. 98 

LOCATION— 

Manner of . 65 

Notice of . 65 

Prior, right of. 66 

Must be recorded, when. 66 

‘ Includes what . 67 

Of placer claims. 69 

Of tunnel right. 70 

Of saline lands . 71 

Of mill site . 72 

LOCATOR— 

Qualification of . 65 

Extent of claim of. 66 

Define boundaries of claim, how. 65 

Must record notice, time for. 66 

May go beyond lines, when. 67 

May not go beyond lines, when. 68 

May file additional certificate, when. 68 

Of placer claim . 69 

Of tunnel right . 70 

Of saline lands . 71 

Of mill site . 72 

LOCATION CERTIFICATE— 

Antedating location notice . 115 

Must contain what . 66 

May be changed how, when defective. 68 

Recorder to give receipt for. 101 

Recorder’s receipt prima facie evidence. 101 

MACHINERY— 

Regulations regarding . 100 

MILL SITE— 

Who may locate . 72 

Size of claim . 72 

Location must be recorded. 72 

Record of, must contain what. 72 

MINERAL LAND COMMISSIONER— 

Act creating . 114 


Section 

3 

5 

2 

2 

2 

8 


3 


3 


1 

2 

3 

1 

1 

3 

3 

5 

1 

1 

1 

1 

1 

3 

2 

3 

5 

6 
7 
1 
1 
1 
2 


3 

7 


1 

1 

2 

3 

4 



















































INDEX 


18.1 


Page 


MINING CLAIM— 

Conveyance of . 77 

Mortgage on . 78 

Deed of minor to. 79 

Minors may convey. 79 

Action for possession of. 79 

Title to, actions involving. 80 

Actions for recovery of. 79 

Lien on, for labor, etc. 81 

Injunction on . 82 

Inspection of (new 1909). 103 

Partition of . 83 

Damage to or trespass on. 85 

Majority owners may change interest of minority 87 

May be worked on occupied land, when. 101 

MINERAL IN PLACE— 

Locator must show . 65 

Defined (Jones v. Pros. Tun. Co., 21 Nev. 339).. 65 

MONUMENTS— 

How placed and marked. 65 

In tunnel right . 70 

NOTICE— 

Must contain what . 65 

Can claim but one location. 67 

Void, when . 66 

Time for recording. 66 

Of placer claim location. 69 

Of tunnel right location. 70 

Of mill site location. 72 

To delinquent co-owner . 73 

To owner of shaft . 89 

Must be given delinquent stockholder. 94 

Must be given of consolidation of corporations. . 94 

OCCUPATION OF MINING CLAIM— 

Consists of what . 80 

Of saline lands . 71 

ORES— 

Preferred lien on, when. 81 

False statement regarding . 83 

PATENT ON MINE— 

How obtained (United States law). 9 

Action regarding . 79 

From State must contain proviso. 97 

PLACER CLAIM— 

How to locate . 69 

Time for recording notice. 69 

POSSESSION— 

Must hold, of saline lands. 71 

Action for in case of patent. 79 

Actions for recovery of. 80 

PROSPECTING ON PRIVATE LAND— 

Generally . 161 

PROTECTION OF EMPLOYEES— 

Limiting use of collars, etc., on shafting 

machinery . 99 

Misdemeanor and penalty . 100 

Not to prevent recovery of damages. 100 

PROTECTION OF MINERS— 

County Recorder to give receipts... 101 

Receipt prima facie evidence of recording.101 


Section 


1 

5 

7 

8 
1 
2 
1 
2 
4 

1 

1 

1 

1 

2 

2 

2 

2 

1 

4 
3 

3 
1 
1 
2 

5 
2 
8 
1 

4 
4 

1 

1 


1 

3 

1 

2 

4 
1 
4 


1 

2 

3 

1 

2 
















































182 


INDEX 


Page Section 

RECORDER OF MINING DISTRICT— 

Duty of . 75 

Fee to collect and transmit. 75 

Penalty for neglect or refusal. 76 

Claim to be recorded with. 66 

Placer claim, to record. 69 

Tunnel right, to record. 70 

Mill site, to record. 72 

Fee for recording assessment work. 73 

Notice to delinquent co-worker, must record. 73 

To give receipts . 101 

RECORDER, COUNTY— 

Claim to be recorded with. 66 

Fee for recording notice. 75 

Penalty for neglect or refusal. 76 

Ex-officio mining recorder, when. 76 

To give receipts . 101 

RECORD, MINING— 

Must contain what . 66 

Void, when . 67 

Previous records valid . 66 

Prima facie evidence . 66 

Includes what . 67 

Survey part of, when. 69 

Of placer claim . 69 

Of tunnel right location. 70 

Of location of saline lands. 71 

Of mill site location. 72 

Of assessment work . 73 

Record of assessment work imparts notice. 73 

Of notice to delinquent co-owners. 73 

Record in evidence . 76 

Imparts notice of contents. 76 

Copies of, received in evidence. 76 

RELOCATION— 

Certificate of . 68 

How made . 68 

Discovery shaft in . 68 

SHAFT— 

Discovery shaft, depth of. 65 

Liability of owner of. 89 

Must be fenced .„•. 89 

Cage to be used in. 91 

SURVEY— 

Part of record. 69 

Of saline lands required. 71 

Order for, how obtained. 86 

TRESPASS— 

Upon patented mining ground . 98 

Misdemeanor and penalty. 98 

Applies to Esmeralda County. 98 

TUNNEL RIGHT— 

Location of . 70 

Boundaries, how marked . 70 

Time for recording . 70 

When blind ledge is discovered in. 71 


HNWMNMMCOW I CO ■'f SO t" | CO^COOOlOOiCvICOCqcOCvlT^lOmCiOOS tr~ 00 CO N H H rl CJ CO CO HNM H M CO ^ 




















































INDEX 183 


Index to Oregon Laws 

Paragraph Page 

ABANDONED CLAIM— 

Is unappropriated mineral land.5131 126 

APPROPRIATION OF WATER— 

For ditches for mining purposes .6551 135 

ASSESSMENT WORK— 

Affidavits required by delinquent co-owners.5148 131 

AMOUNT OF, REQUIRED— 

Certificate of delinquency .5150 132 

Record of .5150 132 

Fee for . 5147 131 

Contribution by delinquent co-owner.5142 129 

Proceeding to collect from other owners.5142 129 

Interest of co-owner lost, when.5145 130 

May be performed, when.5141 128 

Contents of notice to delinquent co-owner.5142 129 

Proof of non-payment by co-owner.5146 130 

BELL SIGNALS— 

Code of, and rules for.5152 132 

BOUNDARIES— 

How marked .5128 125 

Certificate of ownership for non-payment of 

assessment work . 5146 130 

CHINAMEN— 

Not to hold or work claims.. .Article 8 121 

CONVEYANCES— 

Subject to provisions relating to real property. ..5134 127 

CORPORATIONS FOR MINING— 

License fee and statement.6713-6714 144 

CO-OWNERS— 

Delinquent assessment work for .5141 128 

May perform assessment work.5141 128 

Suits between, concerning assessment work.5148 131 

Defective notice to, correction.5140 128 

Delinquent co-owner, assessment work for.5141 128 

DISCOVERER— 

May locate more than one claim.5127 124 

DISCOVERY SHAFT— 

What required .5130 126 

DITCHES AND FLUMES FOR MINING— 

Are real property .5136 127 

Abandonment of .5136 127 

Appropriation of water for.6551 135 

Injury to .1975 121 

Condemnation for .6857 145 

Not impaired by irrigation district.6216 135 

Rights of way for, over State land...3940 134 

GRUBSTAKES— 

Requirements of contract .5138 128 

HOURS OF LABOR— 

What are, and penalty.5058 124 

LIENS OF MINERS— 

Generally .7444 146 

LIQUOR— 

Cannot be sold near mine.2139 122 

LOCATION OF MINING CLAIMS— 

Notice and affidavit of work.5130 126 

Boundaries, how marked .5128 125 

Location notice, what to contain.5128 125 







































184 


INDEX 


Paragraph 


Recording, copy of .5129 

Location work .5129 

Subject to what prior right.5139 

MONUMENTS— 

Injury to, punishment.1981 

NOTICES— 

Notice of location .5128 

Notice to delinquent co-owner.5142 

REDEMPTION FROM EXECUTION— 

Amount required to be paid.5135 

TAXATION— 

What exempt from .5133 

TRESPASS ON MINING CLAIM'— 

Punishment for .1989 

WORK ON MINING CLAIMS— 

What required, and within what time.5130 


Index to Utah Mining Laws 

(See also Index to U. S. Mining Laws.) 


Page 

AFFIDAVIT— 

Of assessment work . 149 

ASSAYS— 

Changing samples or certificate . 157 

Making or publishing false assay. 157 

ASSESSMENT WORK— 

Amount required (see U. S. Laws). 7 

Affidavit of, to contain what. 149 

Must be recorded. 149 

Notice at discovery shaft.149 

Notice at entrance of workings. 149 

ADVERSE CLAIM— 

Action to determine . 155 

BOUNDARIES OF CLAIMS— 

Defined or marked, how... 149 

Of placer claim . 149 

COAL MINES— 

Act concerning .157 

EMINENT DOMAIN— 

When it can be exercised. 156 

EXEMPTIONS— 

Exemptions of miners. 155 

FORFEITURE OF INTEREST OF CO-OWNERS— 

(See U. S. Laws) . 

FIRE PROTECTION IN MINES— 

An act for . 157 

INTERFERRING WITH NOTICES, ETC.— 

Penalty for . 154 

LEASING OF MINES— 

Act concerning mines belonging to Estates. 158 

LIENS FOR MINER’S WAGES— 

Miners’ liens . 153 

When mine is leased. 154 

LEGAL DAY’S WORK— 

Eight hours a legal day’s work in underground 

mines . 153 

Same in smelters, etc. 153 

Misdemeanor to employ child. 153 


Page 

125 

125 

128 

121 

125 
129 

127 

127 

122 

126 


Section 

6 

4400 

4401 

2324 

6 

6 

5 

5 

3511 

3 

3 


3588 

3245 


1535 


1381 

1382 


1337 

1337 

1338 






































INDEX 


185 


LOCATION— 

Manner of . 148 

Notice of .148 

Must be recorded, when. 149 

Includes what . 148 

Of placer claims . 148 

Of mill site . 149 

LODE MINING CLAIMS— 

Location of, by whom made (see U. S. Laws).. 

Location, how made . 148 

Location notice, must contain ^vhat. 148 

Location notice to be recorded, when. 149 

Surface boundaries, how marked . 149 

Assessment work, affidavit of . .149 

Affidavit and record of, as evidence. 149 

Extent of claim. 148 

Monuments . 148 

PLACER MINING CLAIMS— 

How located . 148 

Monuments may be placed, where. 149 

Location notice to be recorded. 149 

monuments— 

Claims must be marked. 149 

Permanent monument . 148 

MINING DISTRICTS— 

Reorganization . 150 

MINING CUSTOMS AND RULES— 

When they control . 156 

ORES— 

Damages for taking. 154 

RECORDS OF MINES— 

Copying records .. 150 

Expense of copying records.150 

County recorder to give. 151 

District recorder to give. 150 

District recorder to give.151 

RECORDERS— 

Fees of county recorder. 150 

Fees of county recorder. 151 

Fees of district recorder.152 

County recorder to record rules. 151 

Mining district recorder to give bond. 151 

District recorder to make copies. 151 

Vacancy in district recorder. 152 

SALTING MINES— 

Penalty for . 156 

SHAFT— 

Must be fenced. 154 

Cage to be used in. 157 

Pits to be filled. 155 

Penalty for leaving uncovered. 155 

STATE MINERAL LANDS— 

To be leased. 155 

Rules regarding leasing.155 

SURVEY OF MINING CLAIM— 

Order for by court. 155 


Section 


1 

1 

4 

2 

2 

3 


2 

2 

4 

3 
6 
6 
1 
2 

2 

2 

4 

3 

2 


3521 

1536 

8 

8 

12 

9 

14 

9 

12 

16 

12 

13 

14 

15 

4399 

1538 


1539 

1540 

2370 

2371 

3515 













































186 


INDEX 


Index to Forms 

Page. 

ARIZONA— 

Location notice, lode claim. 37 

Location notice, placer claim. 41 

Affidavit of assessment work, one claim. 39 

Affidavit of assessment work, group. 40 

Location notice, mill site. 21 

Deed to mining claim. 167 

Agreement to sell mining claim. 165 

Bond of mining claim. 166 

Diagram or map of mining claim. 38 

Tunnel site location notice. 26 

forfeiture to co-owner. 28 

CALIFORNIA— 

Location notice, lode claim. 60 

Location notice, placer claim. 61 

Affidavit of assessment work, one claim. 61 

Affidavit of assessment work, group. 62 

Location notice, mill site. 21 

Deed to mining claim. 167 

Agreement to sell mining claim. 165 

Bond on mining claim. 166 

Diagram or map of lode claim. 38 

Tunnel site location notice. 26 

Forfeiture to co-owner. 28 

NEVADA— 

Location notice, lode claim, preliminary. 115 

Location notice, lode claim. 116 

Affidavit of assessment work, one claim. 118 

Affidavit of assessment work, group... 118 

Location notice, placer claim. 118 

Location notice, mill site. 21 

Deed to mining claim. 167 

Agreement to sell mining claim. 165 

Bond on mining claim. 166 

Diagram or map of lode claim. 117 

Tunnel site location notice. 26 

Forfeiture to co-owner. 28 

OREGON— 

Location notice, lode claim. 146 

Location notice, placer claim. 146 

Affidavit of assessment work, one claim. 146 

Affidavit of assessment work, group. 146 

Location notice, mill site. 21 

Deed to mining claim. 167 

Agreement to sell mining claim. 165 

Bond for mining claim. 166 

Diagram or map of claim. 38 

Tunnel site location notice. 26 

Forfeiture to co-owner. 28 

UTAH— 

Location notice, lode claim. 159 

Location notice, placer claim. 160 

Affidavit of assessment work, one claim. 160 

Affidavit of assessment work, group. 160 

Location notice, mill site. 21 

Deed to mining claim. 167 

Agreement to sell mining claim. 165 

Bond on mining claim. 166 

Diagram or map of lode claim. 160 

Tunnel site location notice. 26 

Notice of forfeiture to co-owner. 28 


























































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Merchants Bank & Trust 
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N. Blackstock, Vice-President 

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Mark G. Jones 
N. Blackstock 
T. H. Dudley 


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O. M. Souden 
Reuben Shettler 
Jas. Bastable 


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Henderson Hayward 
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